DEYO v. THE PEOPLE OF THE COMMONWEALTH OF PENNSYLVANIA ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA NICHOLAS FRANCIS DEYO, : Petitioner : CIVIL ACTION v. : THE PEOPLE OF THE : COMMONWEALTH OF : PENNAYLVANIA ef al, : No. 23-2733 Respondents : ORDER AND NOW, this HO) hy of October, 2023, upon independent consideration of the Petition for Writ of Habeas Corpus filed by Petitioner Nicholas Francis Deyo (Doc, No. 1) and U.S. Magistrate Judge Pamela A. Carlos’s Report & Recommendation (Doc. No. 7) (the “R&R”), to which no objections were filed, it is ORDERED that: 1, The R&R (Doc. No. 7) is APPROVED and ADOPTED! 2. The Petition for Writ of Habeas Corpus (Doc. No. 1) is SUMMARILY DISMISSED without prejudice. 3, There is no probable cause to issue a certificate of appealability.” ' The R&R adequately addresses that Mr. Deyo has not exhausted available state court remedies or presented any “extraordinary circumstances” necessary to excuse the exhaustion requirement for a pretrial habeas petition as required under Moore vy. DeYoung, 515 F.2d 437 (3d Cir. 1975). Mr. Deyo did not file objections to the R&R, and the time for objections expired on September 13, 2023. ? A certificate of appealability may issue only upon “a substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2). A petitioner must “demonstrate that reasonable jurists would find the district court’s assessment of the constitutional claims debatable or wrong.” Slack □□□ McDaniel, 529 U.S. 473, 484 (2000); Lambert v. Blackwell, 387 F.3d 210, 230 (3d Cir. 2004). The Court concludes that U.S. Magistrate Judge Carlos is correct there is no probable cause to issue such a certificate in this action, 4, The Clerk of Court shall mark this case CLOSED for all purposes, including statistics, BY THE COURT: INK PRATTER UNITED STATES DISTRICT JUDGE