DUPREE v. WETZEL ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NICHOLAS DUPREE Petitioner, v. CIVIL ACTION NO. 20-2392 JOHN WETZEL, et al. Respondents. ORDER AND NOW, this 23rd day of August 2023, upon careful and independent consideration of the Amended Petition for Writ of Habeas Corpus [Doc. No. 20], and the related filings, and upon review of the Report and Recommendation relating thereto [Doc. No. 44], and the objections and replies thereto, and upon consideration of Petitioner’s Affidavit and Notice to Defend [Doc. No. 54], Motion under 28 U.S.C. § 1367 [Doc. No. 57], Motion for Certificate of Appealability [Doc. No. 58], and Motion for Joinder of Additional Defendants [Doc. No. 62], and for the reasons set forth in the Memorandum Opinion accompanying this Order, it is hereby ORDERED that: 1. The Report and Recommendation [Doc. No. 44] is APPROVED and ADOPTED as set forth in the accompanying Memorandum Opinion; 2. The Amended Petition for Writ of Habeas Corpus [Doc. No. 20] is DISMISSED and DENIED, without an evidentiary hearing; 3. Petitioner’s request for declaratory relief in his Affidavit and Notice to Defend [Doc. No. 54] is DISMISSED; 4. Petitioner’s Motion under 28 U.S.C. § 1367 [Doc. No. 57] is DISMISSED for lack of jurisdiction; 5. Petitioner’s Motion for Certificate of Appealability [Doc. No. 58] is DENIED. A certificate of appealability will not issue as there is no basis for concluding that reasonable jurists would debate the Court’s disposition or findings;1 6. Petitioner’s Motion for Joinder of Additional Defendants [Doc. No. 62] is DENIED. 7. The Clerk of Court is directed to CLOSE the case. It is so ORDERED. BY THE COURT: /s/ Cynthia M. Rufe CYNTHIA M. RUFE, J. 1 Slack v. McDaniel, 529 U.S. 473, 484 (2000).