WILLIAMS v. HARRY ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ KEITH WILLIAMS : Petitioner, : : v. : Civil No. 5:22-cv-01024-JMG : MICHAEL GOURLEY1, et al., : Respondents. : __________________________________________ ORDER AND NOW, this 29th day of August, 2023, upon consideration of Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) filed pursuant to 28 U.S.C. § 2254, the responses and replies thereto, the Report and Recommendation of U.S. Magistrate Judge Lynne A. Sitarski (ECF No. 25), and Petitioner’s Objections thereto (ECF No. 26), it is HEREBY ORDERED as follows: 1. The Report and Recommendation of Magistrate Judge Lynn A. Sitarski (ECF No. 25) is APPROVED and ADOPTED; 2. Petitioner’s Petition for Writ of Habeas Corpus (ECF No. 1) filed pursuant to 28 U.S.C. § 2254 is DENIED AND DISMISSED; 3. NO CERTIFICATE OF APPEALABILITY SHALL ISSUE under 28 U.S.C. § 2253(c)(1)(A) because “the applicant has [not] made a substantial showing of the denial of a constitutional right[,]” under 28 U.S.C. § 2253(c)(2) since he has not demonstrated that “reasonable jurists” would find my “assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S. 473, 484 (2000); see also United States v. Cepero, 224 F.3d 256, 1 Michael Gourley, the Superintendent of SCI Camp Hill, is substituted as the respondent in this case. See Rules Governing Section 2254 Cases, Rule 2 (requiring the current custodian to be named as respondent). See R&R at pg. 1 of 19 [ECF No. 25]. 262–63 (3d Cir. 2000), abrogated on other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012). 4. The Clerk of Court shall mark this case CLOSED. BY THE COURT: /s/ John M. Gallagher JOHN M. GALLAGHER United States District Court Judge