SIMON v. DELBALSO

Opinion

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

TYUAN SIMON,

Case No. 19-cv-4263-JDW Petitioner ,

v.

THERESA DELBALSO, et al.,

Respondents.

ORDER

AND NOW, this 31st day of August, 2021, upon careful and independent consideration of the pleadings and available state court records, and upon review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge (ECF No. 22) and Petitioner Tyuan Simon’s Objections to Magistrate’s Report and Recommendation (ECF No. 28), it is ORDERED as follows: 1. Petitioner’s Objections to Magistrate’s Report and Recommendation (ECF No. 28) are OVERRULED; 2. The Report and Recommendation (ECF No. 22) is APPROVED and ADOPTED; 3. The Petition for a Writ of Habeas Corpus is DISMISSED; 4. A certificate of appealability SHALL NOT issue, in that the Petitioner has not made a substantial showing of the denial of a constitutional right nor demonstrated that reasonable jurists would debate the correctness of the procedural aspects of this ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000); and 5. The Clerk of the Court shall mark this case CLOSED for statistical purposes. BY THE COURT:

/s/ Joshua D. Wolson JOSHUA D. WOLSON, J.