BARBER v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE CARACAPPA IS APROVED AND ADOPTED, ETC. THE PETIITON FOR WRIT OF HABEAS CORPUS IS DISMISSED WIHTOUT PREJUDICE AND; A CERTIFICATE OF APPEALABILITY WILL NOT ISSUE, ETC.. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/23/10. 8/24/10 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (COPY TO PRO SE)(lvj, )

BARBER v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ANTOINE BARBER, : : vs. : : PENNSYLVANIA DEPARTMENT OF : CORRECTIONS, THE DISTRICT ATTORNEY: OF THE COUNTY OF PHILADELPHIA, and : THE ATTORNEY GENERAL OF THE : STATE OF PHILADELPHIA : ORDER AND NOW, this 23rd of August, 2010, upon consideration of the Petition for Writ of Habeas Corpus (Document No. 1, filed December 31, 2009), and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated April 28, 2010 (Document No. 12), and the record in this case, petitioner having filed no objections, IT IS ORDERED as follows: 1. The Report and Recommendation of United States Magistrate Judge Linda K. Caracappa dated April 28, 2010, is APPROVED and ADOPTED, except to the extent that she recommends that the habeas corpus petition be denied; 2. The Petition for Writ of Habeas Corpus filed by Antoine Barber is DISMISSED WITHOUT PREJUDICE for failure to exhaust state remedies; and, 3. A certificate of appealability will not issue because reasonable jurists would not debate whether the petition states a valid claim of the denial of a constitutional right or this Court's procedural rulings with respect to petitioner's claims. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000). BY THE COURT: /s/ Jan E. DuBois JAN E. DUBOIS, J. CIVIL ACTION

NO. 09-6215

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