Navarro v. Mason

CHAD F. KENNEY, JUDGE

ORDER

CHAD F. KENNEY, JUDGE

NOW, this 1st day of May 2024, upon consideration of the Petition for Writ of Habeas Corpus (ECF No. 2), the Commonwealth's Responses (ECF No. 19, 42), Petitioner's Reply (ECF No. 44), the Commonwealth's Sur-Reply (ECF No. 50), the Report and Recommendation filed by United States Magistrate Judge Lynne A. Sitarski (the “Report and Recommendation”) (ECF No. 53), and Petitioner's Objection (ECF No. 54), and after a thorough and independent review of the record, it is ORDERED that:

1. The Report and Recommendation (ECF No. 53) is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus (ECF No. 2) is DISMISSED;

3. Petitioner's Objection (ECF No. 54) is OVERRULED;

4. Petitioner's request for the Court to grant a “Limited Discovery Order to Order the Production of [Detective John McDermott's] misconduct record” is DENIED; and

5. No certificate of appealability shall issue because the petitioner has not made a substantial showing of the denial of a constitutional right under 28 U.S.C. § 2253(c)(2).

The Clerk of Court shall mark this case CLOSED for statistical purposes.