REID v. SUPERINTENDENT, SCI PINE GROVE et al

Filing 41

ORDER THAT THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE RICHARD A. LLORET [DOC. 27] IS APPROVED AND ADOPTED. MR. REID'S PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE BY SEPARATE JUDGMENT, FILED CONTEMPORANEOUSLY WITH THIS ORDER. SEE FEDERAL RULE OF CIVIL PROCEDURE 58(A); RULES GOVERNING SECTION 2254 CASES IN THE UNITED STATES DISTRICT COURTS, RULE 12, ETC. THE CLERK OF COURT SHALL MARK THIS FILE CLOSED. SIGNED BY DISTRICT JUDGE JEFFREY L. SCHMEHL ON 3/5/25. 3/6/25 ENTERED AND COPIES E-MAILED.(er)

Case 2:22-cv-01863-JLS

Document 41

Filed 03/06/25

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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
KAYREE REID,
Petitioner,
v.
SUPERINTENDENT, SCI PINE
GROVE, et al.,
Respondents.

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CIVIL ACTION NO. 22-CV-1863

ORDER
AND NOW, this 5th day of March, 2025, upon careful and independent consideration of
Petitioner Kayree Reid’s Petition for Writ of Habeas Corpus (Doc. No. 1), Mr. Reid’s Amended
Petition (Doc. No. 13), the Commonwealth’s Response (Doc. No. 19), Mr. Reid’s Reply (Doc.
No. 24), and the Report and Recommendation of U.S. Magistrate Judge Richard A. Lloret, to
which no Objections were received, it is ORDERED that:
1. The Report and Recommendation of Magistrate Judge Richard A. Lloret [Doc. 27] is
APPROVED and ADOPTED;
2. Mr. Reid’s Petition for Writ of Habeas Corpus is DISMISSED with prejudice by
separate Judgment, filed contemporaneously with this Order. See Federal Rule of Civil
Procedure 58(a); Rules Governing Section 2254 Cases in the United States District Courts, Rule
12;
3. No certificate of appealability shall issue under 28 U.S.C. § 2253(c)(1)(A) because
“the applicant has [not] made a substantial showing of the denial of a constitutional right[,]”
under 28 U.S.C. § 2253(c)(2), since he has not demonstrated that “reasonable jurists” would find
my “assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529 U.S.
473, 484 (2000); see United States v. Cepero, 224 F.3d 256, 262-63 (3d Cir. 2000), abrogated on
other grounds by Gonzalez v. Thaler, 565 U.S. 134 (2012); and

Case 2:22-cv-01863-JLS

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Filed 03/06/25

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4. The Clerk of Court shall mark this file closed.
BY THE COURT:

/s/ Jeffrey L. Schmehl
JEFFREY L. SCHMEHL, J.