MASON v. WETZEL et al

Filing 77

ORDER THAT THE REPORT & RECOMMENDATION IS APPROVED & ADOPTED IN PART AND MODIFIED IN PART, FOR REASONS STATED IN THE ATTACHED MEMORANDUM. THE PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED WITHOUT AN EVIDENTIARY HEARING; & PETITIONER HAS NEITHER SHOW N DENIAL OF A FEDERAL CONSTITUTIONAL RIGHT NOR ESTABLISHED THAT REASONABLE JURISTS WOULD DISAGREE WITH THIS COURT'S PROCEDURAL DISPOSITION OF HIS CLAIMS. CONSEQUENTLY, A CERTIFICATE OF APPEALABILITY IS DENIED. SIGNED BY HONORABLE WENDY BEETLESTONE ON 8/20/21. 8/20/21 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PETITIONER.(kw, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LENWOOD MASON,
Petitioner,

CIVIL ACTION

v.
JOHN WETZEL, et al.,
Respondent.

NO. 17-3759
ORDER

AND NOW, this 20th day of August, 2021, upon consideration of Petitioner Lenwood
Mason’s Petition for a Writ of Habeas Corpus (ECF No. 1), his briefing in support thereof (ECF
Nos. 42 & 52), and the District Attorney’s Office of Philadelphia County’s response thereto
(ECF No. 46), and after review and full consideration of the Report and Recommendation of
United States Magistrate Judge Carol Sandra Moore Wells (ECF No. 68) and Petitioner’s
Objections to same (ECF No. 70), IT IS ORDERED that:
1.

The Report and Recommendation is APPROVED AND ADOPTED IN PART

and MODIFIED IN PART, for reasons stated in the attached Memorandum;
2.

The Petition for a Writ of Habeas Corpus is DENIED without an evidentiary

hearing; and
3.

Petitioner has neither shown denial of a federal constitutional right nor

established that reasonable jurists would disagree with this court’s procedural disposition of his
claims. Consequently, a certificate of appealability is DENIED.
BY THE COURT:
/s/ Wendy Beetlestone, J.
_______________________________
WENDY BEETLESTONE, J.