PEOPLES v. DELBASO et al

Filing 48

ORDER THAT THE REPORT AND RECOMMENDATION, ECF NO. 38 , IS APPROVED AND ADOPTED; THE OBJECTIONS, ECF NO. 41 , TO THE REPORT AND RECOMMENDATION ARE OVERRULED; THE AMENDED PETITION, ECF NO. 30 , IS DENIED AND DISMISSED WITH PREJUDICE AS FOLLOWS: A. C LAIMS ONE, FOUR, FIVE, AND SIX2 ARE DISMISSED. B. CLAIMS TWO AND THREE ARE DENIED. 4. THERE IS NO BASIS TO ISSUE A CERTIFICATE OF APPEALABILITY; AND 5. THE CASE IS CLOSED. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 12/2/21. 12/2/21 ENTERED AND COPIES MAILED NOT MAILED TO PRO SE AND E-MAILED.(mas, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
DOMINICK PEOPLES,
Petitioner,
v.

:
:
:
:
THERESA DELBASO, et al.,
:
Respondents.
:
____________________________________

No. 2:17-cv-04444

ORDER
AND NOW, this 2nd day of December, 2021, after de novo review of Petitioner
Dominick Peoples’ Amended Petition for Writ of Habeas Corpus, ECF No. 30; and upon
consideration of the Report and Recommendation (“R&R”) of Magistrate Judge Henry S. Perkin,
ECF No. 38, Peoples’ Objections to the R&R, ECF No. 41; and for the reasons set forth in the
Opinion issued this date, IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation, ECF No. 38, is APPROVED and ADOPTED;

2.

The Objections, ECF No. 41, to the Report and Recommendation are

OVERRULED;
3.

The Amended Petition, ECF No. 30, is DENIED and DISMISSED with

prejudice as follows:
a.

Claims one, 1 four, five, and six 2 are DISMISSED.

b.

Claims two and three are DENIED.

4.

There is no basis to issue a certificate of appealability; and

5.

The case is CLOSED.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.
JOSEPH F. LEESON, JR.
United States District Judge

1

The claims referenced in this Order mirror the claims as they are enumerated in
Petitioner’s Amended Complaint. See ECF No. 30.
2
Claim six refers to Petitioner’s cumulative error claim, which directly follows claim “V,”
but is listed as claim “VIII” for some reason, likely a typographical error. See ECF No. 30 p. 54.
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