GURU v. GILMORE et al

Filing 37

ORDERED THAT THE PETITIONERS OBJECTIONS ARE OVERRULED; THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE RICHARD A. LLORET IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY.. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 2/16/21. 2/17/21 ENTERED AND COPIES E-MAILED.(jpd, )

Case 2:19-cv-05065-TJS Document 37 Filed 02/16/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ASHOK KUMAR GURU

:
:
v.
:
:
:
SUPERINENDENT ROBERT GILMORE, :
SCI-Greene, THE DISTRICT ATTORNEY :
OF THE COUNTY OF PHILADELPHIA,
:
THE ATTORNEY GENERAL OF THE
:
STATE OF PENNSYLVANIA
:

CIVIL ACTION

NO. 19-5065

ORDER
NOW, this 16th day of February, 2021, upon consideration of Ashok Kuman
Guru’s Petition for Writ of Habeas Corpus (Doc. No. 1), the Commonwealth’s response
to the petition, Mr. Guru’s counselled reply, and his Amended Petition for Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 (Doc. No. 18), the Commonwealth’s
supplemental response and Mr. Guru’s reply, the Report and Recommendation filed by
United States Magistrate Judge Richard A. Lloret (Document No. 32), and the
petitioner’s objections to the Report and Recommendation, and after a thorough and
independent review of the record, it is ORDERED that:
1.

The petitioner’s objections are OVERRULED;

2.

The Report and Recommendation of Magistrate Judge Richard A. Lloret is

APPROVED and ADOPTED;1
3.

The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT

PREJUDICE; and,

1

The Magistrate Judge’s recitation of the factual and procedural history is accurate. His legal analysis is
thorough and correct. Therefore, we can add nothing to the well-reasoned and exhaustive report.

Case 2:19-cv-05065-TJS Document 37 Filed 02/16/21 Page 2 of 2

4.

There is no probable cause to issue a certificate of appealability.

/s/ TIMOTHY J. SAVAGE J.