MASON v. O'MARA et al
| FLORENCE ELIZABETH MASON |
| JOHN O'MARA, CORY M. BARITZ, MICHAEL COARD, DEBRA D. RAINEY, COMMONWEALTH OF, THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA FOR THE CITY OF PHILADELPHIA, HENRY HART and DISTRICT ATTORNEY OF PHILADELPHIA |
| 2:2014cv05641 |
| October 1, 2014 |
| US District Court for the Eastern District of Pennsylvania |
| Philadelphia Office |
| Philadelphia |
| ELIZABETH T. HEY |
| EDWARD G. SMITH |
| General |
| 28 U.S.C. ยง 2254 |
| None |
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Filing
29
ORDER THAT THE REPORT AND RECOMMENDATION (DOC. NO. 22 ) IS APPROVED AND ADOPTED INSOFAR AS IT RECOMMENDS THAT THE COURT DISMISS THE PETITION FOR THE FAILURE TO EXHAUST STATE REMEDIES; THE REPORT AND RECOMMENDATION (DOC. NO. 22 ) IS MODIFIED INSOFAR AS IT RECOMMENDS THAT THE COURT DISMISS THE PETITION FOR FAILURE TO EXHAUST UNDER 28 U.S.C. § 2254; INSTEAD, THE COURT WILL ANALYZE THE PETITION UNDER 28 U.S.C. § 2241 AND DISMISS THE PETITION FOR THE FAILURE TO EXHAUST STATE REMEDIES UNDER SECTION 2241; THE OBJECTIONS AND EXCEPTIONS TO THE REPORT AND RECOMMENDATION (DOC. NO. 24 ) ARE OVERRULED; THE PETITION FOR WRIT OF HABEAS CORPUS (DOC. NO. 1 ) IS DISMISSED WITHOUT PREJUDICE TO THE PETITIONER TO REFILE ONCE SHE HAS EXHAUSTED HER S TATE REMEDIES; THE PETITIONERS MOTION TO ADD ADDITIONAL DEFENDANTS (DOC. NO. 3 ) IS DENIED AS MOOT; THE RESPONDENTS MOTION FOR AN EXTENSION OF TIME TO FILE A RESPONSE TO THE HABEAS PETITION (DOC. NO. 18 ) IS DENIED AS MOOT; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED.. SIGNED BY HONORABLE EDWARD G. SMITH ON 12/30/15. 12/30/15 ENTERED AND COPIES MAILED TO PRO SE, E-MAILED.(mas, )
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