ROSARIO v. SUPERINTENDENT TICE ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA CARLOS A. ROSARIO, CIVIL ACTION Petitioner, v. SUPERINTENDENT TICE, NO. 23-245 THE DISTRICT ATTORNEY FOR THE COUNTY OF LEHIGH, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. O R D E R AND NOW, this 22nd day of August, 2023, upon consideration of Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Carlos A. Rosario (ECF 1) and the Report and Recommendation of United States Magistrate Judge Scott W. Reid (ECF 6), and no objection having been filed, IT IS ORDERED as follows: 1. The Report and Recommendation of United States Magistrate Judge Scott W. Reid is APPROVED and ADOPTED; 2. The Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus filed by pro se petitioner, Carlos A. Rosario, is DENIED; and 3. A certificate of appealability will not issue because reasonable jurists would not debate this Court’s decision that the petition does not state a valid claim of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). BY THE COURT: /s/ Hon. Kelley B. Hodge HODGE, KELLEY B., J.