IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MALIK JOELL JOHNSON, ) 

) Civil Action

Petitioner ) No. 2005-CV-01242

)

vs. ) 

 )

GERALD L. ROZUM, )

THE DISTRICT ATTORNEY OF THE )

COUNTY OF LEHIGH and )

THE ATTORNEY GENERAL OF THE )

STATE OF PENNSYLVANIA, )

)

Respondents )

O R D E R

NOW, this 27th day of October, 2006, upon consideration

of the pro se Petition for Writ of Habeas Corpus, which petition

was filed March 16, 2005; upon consideration of the

Commonwealth’s Response to Petitioner’s Writ of Habeas Corpus,

which response was filed August 11, 2005; upon consideration of

the Traverse to the Answer and Memorandum Sur Petitioner’s Habeas

Corpus Petition, which Traverse was filed September 10, 2006;

upon consideration of the Report and Recommendation of United

States Magistrate Judge Sandra Moore Wells filed September 28,

2006; upon consideration of Petitioner’s Objection and Responses

to Magistrate’s Report and Recommendation, which objection was

filed October 20, 2006; it appearing that petitioner’s objections

to Magistrate Judge Wells’ Report and Recommendation are a

restatement of the issues raised in his underlying petition for

habeas corpus relief and are without merit; it further appearing

after de novo review of this matter that Magistrate Judge Wells’

Case 2:05-cv-01242-JKG Document 22 Filed 10/27/06 Page 1 of 3
1

When objections are filed to a magistrate judge’s report and

recommendation, we are required to make a de novo determination of those

portions of the report, findings or recommendations made by the magistrate

judge to which there are objections. 28 U.S.C. § 636(b)(1); Rule 72.1(IV)(b)

of the Rules of Civil Procedure for the United States District Court for the

Eastern District of Pennsylvania. Furthermore, district judges have wide

latitude regarding how they treat recommendations of the magistrate judge. See

United States v. Raddatz, 447 U.S. 667, 100 S.Ct. 2406, 65 L.Ed.2d 424 (1980). 

Indeed, by providing for a de novo determination, rather than a de novo

hearing, Congress intended to permit a district judge, in the exercise of the

court’s sound discretion, the option of placing whatever reliance the court

chooses to place on the magistrate judge’s proposed findings and conclusions. 

We may accept, reject or modify, in whole or in part any of the findings or

recommendations made by the magistrate judge. Raddatz, supra. 

As noted above, we conclude that petitioner’s objections to

Magistrate Judge Wells’ Report and Recommendation are nothing more than a

restatement of the underlying claims contained in his petition for habeas

corpus. Moreover, upon review of the Report and Recommendation, together with

de novo review of this matter, we conclude that the Report and Recommendation

correctly determines the legal and factual issues raised by petitioner.

Accordingly, we approve and adopt Magistrate Judge Wells’ Report

and Recommendation and overrule petitioner’s objections to the Report and

Recommendation.

-2-

Report and Recommendation correctly determined the legal and

factual issues presented in the petition for habeas corpus

relief,

IT IS ORDERED that Magistrate Judge Wells’ Report and

Recommendation is approved and adopted.

IT IS FURTHER ORDERED that petitioner’s objections to

Magistrate Judge Wells’ Report and Recommendation are overruled.1

IT IS FURTHER ORDERED that the pro se petition for

habeas corpus relief is denied without a hearing. 

IT IS FURTHER ORDERED that because petitioner fails to

demonstrate either the denial of a constitutional right or that

reasonable jurists would disagree with this court’s disposition

of his claims, a certificate of appealability is denied.

Case 2:05-cv-01242-JKG Document 22 Filed 10/27/06 Page 2 of 3
-3-

IT IS FURTHER ORDERED that the Clerk of Court shall

mark this matter closed for statistical purposes.

BY THE COURT:

/s/ JAMES KNOLL GARDNER 

James Knoll Gardner

United States District Judge

Case 2:05-cv-01242-JKG Document 22 Filed 10/27/06 Page 3 of 3