GAGO v. COMMONWEALTH OF PENNSYLVANIA

Filing 27

ORDER RE: THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED IN PART AND MODIFIED IN PART; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; AND TEH CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY THE HONORABLE GENE E.K. PRATTER ON 2/16/2021. 2/17/2021 ENTERED AND COPIES MAILED (BY CHAMBERS) AND E-MAILED.(sfl, )

Case 2:19-cv-03064-GEKP Document 27 Filed 02/17/21 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
EDWIN GAGO,
Petitioner

CIVIL ACTION

v.

TERESA DELBALSO, et al.,
Respondents·

No.19-3064

ORDER
AND NOW, this 16th day of February, 2021, upon careful and independent consideration of

prose Petitioner Edwin Gago's Petition for Writ of Habeas Corpus (Doc. No. 1), Mr. Gago's Revised
Petition for Writ of Habeas Corpus (Doc. No. 4), Respondents' Response in Opposition (Doc. No. 16),
Magistrate Judge Marilyn Heffley's Report and Recommendation (Doc. No. 18), Mr. Gago's
Objections to the Report and Recommendation (Doc. No. 24), and the state court record, it is
ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED IN PART AND
MODIFIED IN PART.

2. The petition for Writ of Habeas Corpus is DISMISSED with prejudice.
3. There is no probable cause to issue a certificate of appealability.
4. The Clerk of the Court shall mark this case CLOSED, including for statistical purposes.

ATES DISTRICT JUDGE