RILEY v. PALKOVICH et al

Filing 90

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST STATE REMEDIES. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY; THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE J. CURTIS JOYNER ON 9/25/12. 9/28/12 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

NATHAN RILEY

:

vs.

CIVIL ACTION

:

JOHN PALAKOVICH

:

NO. 05-CV-4541

ORDER
AND NOW, this

25th

day of September, 2012, upon

careful and independent consideration of the petition for writ of
habeas corpus, and after review of the Report and Recommendation
of United States Magistrate Judge Timothy R. Rice and the
Petitioner’s objections thereto, it is hereby ORDERED that:
1.

The Report and Recommendation is APPROVED and ADOPTED.

2.

The petition for a writ of habeas corpus is DISMISSED
without prejudice for failure to exhaust state remedies.

3.

There is no probable cause to issue a certificate of
appealability.

4.

The Clerk of Court shall mark this case closed for
statistical purposes.

BY THE COURT:

s/J. Curtis Joyner
J. CURTIS JOYNER, C.J.