SATTAZAHN v. WETZEL et al

Filing 63

MEMORANDUM AND ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION OF JUDGE SITARSKI IS APPROVED AND ADOPTED. THE AMENDED PETITION FOR WRIT OF HABEAS CORPUS IS DENIED. PETITIONER FAILED TO MAKE A SUBSTANTIAL SHOWING O F THE DENIAL OF A CONSTITUTIONAL RIGHT OR DEMONSTRATED THAT A REASONABLE JURIST WOULD DEBATE THE CORRECTNESS OF THIS RULING, THE COURT DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY PURSUANT TO 28 USC SEC. 2253(C)(2). THE CLERK SHALL CLOSE THIS CASE STATISTICALLY. SIGNED BY HONORABLE JOHN R. PADOVA ON 6/3/21. 6/4/21 ENTERED & E-MAILED.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DAVID SATTAZAHN
v.
JOHN E. WETZEL, ET AL.

:
:
:
:
:

CIVIL ACTION

NO. 17-3240

ORDER
AND NOW, this 3rd day of June, 2021, upon careful and independent consideration of the
Amended Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 15),
and after review of United States Magistrate Judge Lynne A. Sitarski’s Report and
Recommendation (Docket No. 42), and consideration of Petitioner’s Objections to the Magistrate
Judge’s Report and Recommendation (Docket No. 51), and for the reasons stated in the
accompanying Memorandum, IT IS HEREBY ORDERED as follows:
1.

Petitioner’s Objections are OVERRULED.

2.

The Report and Recommendation of Judge Sitarski is APPROVED and
ADOPTED.

3.

The Amended Petition for a Writ of Habeas Corpus is DENIED.

4.

As Petitioner has failed to make a substantial showing of the denial of a
constitutional right or demonstrated that a reasonable jurist would debate the
correctness of this ruling, the Court declines to issue a certificate of appealability
pursuant to 28 U.S.C. § 2253(c)(2).

5.

The Clerk shall CLOSE this case statistically.

BY THE COURT:

/s/ John R. Padova
John R. Padova, J.