WILLIAMS v. TICE et al

Filing 56

MEMORANDUM AND ORDER THAT PETITIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION 54 ARE OVERRULED. THE REPORT AD RECOMMENDATION 53 IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS 1 IS DENIED AND DISMISSED WITH PREJUDICE. PETITIONER'S MOTION REQUESTING A RULING ON THE WRIT OF MANDAMUS 51 IS DENIED AS MOOT. JUDGMENT IS ENTERED IN FAVOR OF RESPONDENTS. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY DISTRICT JUDGE JOEL H. SLOMSKY ON 3/26/24. 3/26/24 ENTERED & E-MAILED. NOT MAILED TO WILLIAMS.(fdc)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANTHONY WILLIAMS,
Petitioner,

CIVIL ACTION
NO. 21-5135

v.
SUPERINTENDANT TICE, et al.,
Respondents.

ORDER
AND NOW, this 26th day of March 2024, upon consideration of the Petition for Writ of
Habeas Corpus (Doc. No. 1), Respondents’ Response in Opposition (Doc. No. 19), the Report and
Recommendation of United States Magistrate Judge Richard A. Lloret (Doc. No. 53), Petitioner’s
Objections to the Report and Recommendation (Doc. No. 54), Petitioner’s Motion Requesting a
Ruling on the Writ of Mandamus (Doc. No. 51), the relevant record in this case, and in accordance
with the Opinion issued this day, it is ORDERED as follows:
1.

Petitioner’s Objections to the Report and Recommendation (Doc. No. 54) are
OVERRULED.

2. The Report and Recommendation (Doc. No. 53) is APPROVED and ADOPTED;
3. The Petition for Writ of Habeas Corpus (Doc. No. 1) is DENIED and DISMISSED
with prejudice. A Certificate of Appealability SHALL NOT be issued because
Defendant failed to “demonstrate that reasonable jurists would find the district court's
assessment of the constitutional claims debatable or wrong.” Slack v. McDaniel, 529
U.S. 473, 484 (2000).

4. Petitioner’s Motion Requesting a Ruling on the Writ of Mandamus (Doc. No. 51) is
DENIED as moot because United States Magistrate Judge Lloret has filed his Report
and Recommendation on January 22, 2024;
5. Judgment is entered in favor of RESPONDENTS;
6. The Clerk of Court shall mark this case CLOSED.

BY THE COURT:
/ s/ Joel H. S l om sky
JOEL H. SLOMSKY, J.