1:23-cv-00491•Cephas v. May et al
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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 Case 1:23-cv-00491-CFC-LDH Document 39 Filed 01/05/26 Page 1 of 2 PageID #: <pageID>
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 Case 1:23-cv-00491-CFC-LDH Document 39 Filed 01/05/26 Page 2 of 2 PageID #: <pageID>
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