MILBURN v. KERESTES et al
| RONALD MILBURN |
| JOHN KERESTES, THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA |
| 2:2014cv01696 |
| March 20, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| JAMES KNOLL GARDNER |
| LYNNE A. SITARSKI |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
23
ORDER THAT PETITIONER'S OBJECTIONS TO R&R ARE OVERRULED. IT IS FURTHER ORDERED THAT MAGISTRATE JUDGE SITARSKI'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT THE WITHIN HABEAS CORPUSE PETITION IS DISMISSED WI THOUT PREJUDICE FOR PETITIONER TO FILE A PETITION FOR HABEAS CORPUS AFTER HE HAS EXHAUSTED HIS STATE REMEDIES. IT IS FURTHER ORDERED THAT THE MOTION TO AMEND TO DELETE THE UNEXHAUSTED CLAIMS AND TO PROCEED WITH THE EXHAUSTED CLAIMS IS DISMISSED AS MO OT. IT IS FURTHER ORDERED THAT PETITIONER'S OBJECTION TO THE UNTIMELY RESPONSIVE PLEADING IS OVERRULED. IT IS FURTHER ORDERED THAT BECAUSE PETITIONER HAS NOT MET STATUTORY REQUIREMENTS TO HAVE HIS CASE HEARD, AND NO RESONABLE JURIST COULD FIND T HIS PROCEDURAL RULING DEBATABLE, AND BECAUSE PETITIONER FAILS TO DEMONSTRATE DENIAL OF A CONSTITUTIONAL RIGHT, A CERTIFICATE OF APPEALABILITY IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS MATTER CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/25/2015. 9/25/2015 ENTERED AND COPIES MAILED TO PETITIONER AND E-MAILED.(lbs, )
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