Cephas v. May et al

IN THE UNITED STATES DISTIHCT COURT
FOR THE DISTRICT OF DELAWARE
VERNON E. CEPHAS,
Petitioner,
V.
ROBERT MAY,Warden, and
ATTORNEY GENERAL OF THE
STATE OF DELAWARE,
Respondents.
C.A. No. 23-491-CFC-LDH
ORDER
WHEREAS Petitioner has filed objections (D.I. 38)to the Magistrate
Judge's Report and Recommendation issued on September 17, 2025 (D.I. 32);
WHEREAS the Magistrate Judge recommended in the Report and
Recommendation that the Court deny Petitioner's Petition under 28 U.S.C. § 2254
for Writ of Habeas Corpus by A Person in State Custody (D.I. 3);
WHEREAS the Magistrate Judge had the authority to make her findings and
recommendations under 28 U.S.C. § 636(b)(1)(B);
WHEREAS this Court reviews the Magistrate Judge's findings and
recommendations de novo, § 636(b)(1); see also Fed. R. Civ. P. 72(b)(3); Brown v.
Astrue, 649 F.3d 193, 195 (3d Cir. 2011);
WHEREAS this Court agrees with the Magistrate Judge's thoughtful
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analysis and conclusions and does not think she made any legal error;
NOW THEREFORE,on this Fifth day of January in 2026, it is HEREBY
ORDERED that:
1. Petitioner's objections to the Magistrate Judge's Report and
Recommendation (D.I. 38) are OVERRULED;
2. The Report and Recommendation (D.I. 32)is ADOPTED;
3. Plaintiffs Petition (D.I. 3)is DISMISSED and the relief requested
therein is DENIED; and
4. The Court declines to issue a certificate of appealability because
Petitioner has failed to satisfy the standards set forth in 28 U.S.C.
§ 2253(c)(2).
lEF JUDGE
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