NEDBY v. OBERLANDER ( 2022 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA KEVIN NEDBY, Petitioner, CIVIL ACTION v. NO. 19-5241 DEREK OBERLANDER, et al., Respondents. ORDER AND NOW, this 13th day of January 2022, upon careful and independent consideration of Kevin Nedby’s Petition for Writ of Habeas Corpus (ECF 1) and the response thereto (ECF 10), and after review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge (ECF 11), Nedby’s objections to the Report and Recommendation (ECF 14), the response to his objections (ECF 17) and the state court record (ECF 20, 21, 22), and consistent with the accompanying memorandum of law, it is ORDERED that: 1. Nedby’s Objections to the Report and Recommendation (ECF 14) are OVERRULED; 2. The Report and Recommendation (ECF 14) is APPROVED and ADOPTED; 3. Nedby’s Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED and DISMISSED; 4. The Court agrees with Judge Strawbridge’s determination that there is no cause to issue a certificate of appealability because reasonable jurists would not debate (a) that Nedby failed to make a substantial showing of the denial of a constitutional right, or (b) the correctness of the Court’s procedural rulings. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). No certificate of appealability shall issue; and 5. The Clerk of Court shall mark this case CLOSED. BY THE COURT: /s/ Gerald J. Pappert GERALD J. PAPPERT, J.