Wallace v. United States of America ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TIMMY WALLACE, : Civil No. 1:22-cv-0662 : Petitioner, : : (Judge Sylvia H. Rambo) v. : : UNITED STATES OF AMERICA, et : al., : : Defendants. : ORDER AND NOW, this 20th day of July, 2023, in accordance with the accompanying memorandum of law, IT IS HEREBY ORDERED as follows: 1. The Report and Recommendation (Doc. 34) is ADOPTED; 2. Petitioner Timmy Wallace’s objections (Doc. 36) are OVERRULED; 3. The Petition (Doc. 1) is DISMISSED; 4. Petitioner’s motion for an extension of time to file additional objections to the Report and Recommendation (Doc. 40) is DENIED AS MOOT; 5. The Clerk of Court is DIRECTED to close this file; and 6. The court declines to issue a certificate of appealability, as Brown has failed to demonstrate a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see also Buck v. Davis, 137 S.Ct. 759, 773-75 (2017); Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000). S/Sylvia H. Rambo Sylvia H. Rambo United States District Judge