ALI-YUZON GAUS v. MCGEE, et. al

Filing 18

ORDER OF 3/6/25 THAT THE REPORT AND RECOMMENDATION 9ECF NO. 15) IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS (ECF NO. 1) IS DISMISSED AS MOOT. THE MOTION TO DISMISS (ECF NO. 2) IS DENIED. THERE IS NO BASIS FOR A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY JUDGE: JUDGE JOHN M. GALLAGHER ON 3/6/25. 3/7/25 ENTERED AND COPIES MAILED AND E-MAILED.(dt)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
__________________________________________
ISA ALI-YUZON GAUS,
Plaintiff,

:
:
:
v.
:
:
MONTGOMERY COUNTY DISTRICT
:
ATTORNEY’S OFFICE, et al.,
:
:
Defendants.
:
__________________________________________

Civil No. 2:24-cv-01271-JMG

ORDER
AND NOW, this 6th

day of March, 2025, upon consideration of Petitioner’s Petition

for Writ of Habeas Corpus (ECF No. 1), Petitioner’s Motion to Dismiss (ECF No. 2),
Respondent’s Response in Opposition to the Petition for Writ of Habeas Corpus (ECF No. 10),
and The Report and Recommendation by Magistrate Judge Elizabeth T. Hey (ECF No. 15), IT
IS HEREBY ORDERED as follows: 1
1. The Report and Recommendation (ECF No. 15) is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus (ECF No. 1) is DISMISSED as moot.
3. The Motion to Dismiss (ECF No. 2) is DENIED.
4. There is no basis for the issuance of a certificate of appealability.

1

“Where a habeas petition has been referred to the magistrate for a Report and
Recommendation, the district court conducts a de novo review of those portions of the Report
and Recommendation to which specific objections have been made.” Enriques v. Dist. Att'y of
Cnty. of Phila., 2022 WL 348644, at *2 (E.D. Pa. Feb. 4, 2022). In cases such as this one where
no objections have been made, the Third Circuit has held that “the better practice is for the
district judge to afford some level of review to dispositive legal issues raised by the report.”
Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987).

5. The Clerk of Court is DIRECTED to mark this case CLOSED.
BY THE COURT:

/s/ John M. Gallagher
JOHN M. GALLAGHER
United States District Court Judge