JENKINS v. HOUSER et al

Filing 29

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE SANDRA MOORE WELLS IS APPROVED AND ADOPTED. THE PETIION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE. SIGNED BY HONORABLE TIMOTHY J. SAVAGE ON 8/2/22. 8/2/22 ENTERED & E-MAILED. NOT MAILED TO JENKINS.(fdc)

Case 2:21-cv-04285-TJS Document 29 Filed 08/02/22 Page 1 of 1

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DOREL JENKINS

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:,
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v.
MORRIS HOUSER, SCI Benner
Superintendent, THE DISTRICT
ATTORNEY OF PHILADELPHIA
COUNTY and THE ATTORNEY
GENERAL OF THE STATE OF
PENNSYLVANIA

CIVIL ACTION

NO. 21-4285

ORDER
NOW, this 1st day of August, 2022, upon consideration of the Petition Under 28
U.S.C. § 2254 for Writ of Habeas Corpus (Doc. No. 7), the response to the petition, the
petitioner’s traverse response, the defendants’ sur-reply, the petitioner’s additional
traverse and response to sur-reply, the Report and Recommendation filed by United
States Magistrate Judge Sandra Moore Wells (Doc. No. 18), 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 Sandra Moore Wells

is APPROVED and ADOPTED.
3.

The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT

PREJUDICE.
4.

Because there has been no substantial showing of the denial of a

constitutional right, a certificate of appealability will not issue.

/s/ TIMOTHY J. SAVAGE J.