Sawyer v. SUPT.

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

WALTER KEITH SAWYER, No. 1:19-CV-00062

Petitioner, (Chief Judge Brann)

v.

BOBBI JO SALAMON,1

Respondent.

ORDER AND NOW, this 5th day of April 2023, in accordance with the accompanying Memorandum, IT IS HEREBY ORDERED that: 1. Petitioner Walter Keith Sawyer’s initial and supplemental petitions for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 are DENIED.

2. A certificate of appealability shall not issue, as Sawyer has not made a substantial showing of the denial of a constitutional right. See 28 U.S.C. § 2253(c)(2).

3. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge

1 At the time of filing, Sawyer was incarcerated at SCI Retreat and properly named the superintendent of that facility as the respondent in this habeas action. See Doc. 1 at 1. Sawyer is currently incarcerated at SCI Rockview, so the Court will substitute the proper respondent, SCI Rockview superintendent Bobbi Jo Salamon. See Barry v. Bergen Cnty. Probation Dep’t, 128 F.3d 152, 162 (3d Cir. 1997) (citing Braden v. 30th Jud. Cir. Crt. of Ky., 410 U.S. 484,