LoDuca v. McGinley et al

Filing 25

ORDER (memorandum filed previously as separate docket entry) IT IS ORDERED that the Petition 1 for Writ of Habeas Corpus is DENIED and a certificate of appealability will not issue. IT IS FURTHER ORDERED that the petitioners motion for temporary restraining order, 8 , and motion seeking damages, 21 , are DENIED. The clerk is directed to CLOSE this case. Signed by Magistrate Judge Martin C Carlson on 2/5/24. (rw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH LODUCA,
Petitioner,
v.
THOMAS MCGINLEY, et al.,
Respondents.

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Civil No. 4:23-CV-1444

(Magistrate Judge Carlson)

ORDER
AND NOW this 5th day of February 2024, for the reasons set forth in the
accompanying Memorandum Opinion, upon consideration of this Petition for Writ
of Habeas Corpus, (Doc. 1), IT IS ORDERED that the Petition is DENIED, and
since the petitioner has not demonstrated “a substantial showing of the denial of a
constitutional right.” 28 U.S.C § 2253(c)(2); see also Buck v. Davis, 137 S. Ct. 77375 (2017); Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); Slack v. McDaniel,
529 U.S. 473, 484 (2000) a certificate of appealability will not issue. In addition, the
petitioner’s motion for temporary restraining order, (Doc. 8), and motion seeking
damages, (Doc. 21), are DENIED. The clerk is directed to CLOSE this case.
S/Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge