ASHBURN v. COMMONWEALTH OF PHILADELPHIA PENNSYLVANIA et al
Filing
9
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE FOR PETITIONER TO REFILE ONCE STATE COURT REMEDIES HAVE BEEN EXHAUSTED AND THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 9/29/10. 9/29/10 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
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ASHBURN v. COMMONWEALTH OF PHILADELPHIA PENNSYLVANIA et al
Doc. 9
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA __________________________________________ CHRISTOPHER ASHBURN, : Petitioner, : : v. : : COMMONWEALTH, et al., : Respondents. : __________________________________________:
CIVIL ACTION
No. 10-3838
ORDER AND NOW, this 27th day of September, 2010, upon consideration of the petition for writ of habeas corpus, Respondents' response thereto, the Report and Recommendation of United States Magistrate Judge Jacob P. Hart dated September 8, 2010, and after a thorough and independent review of the record, it is hereby ORDERED that: 1. 3. The Report and Recommendation is APPROVED and ADOPTED; The petition for writ of habeas corpus is DISMISSED without prejudice for Petitioner to refile once state court remedies have been exhausted; and 4. There is no probable cause to issue a certificate of appealability.
BY THE COURT: /s/ Mitchell S. Goldberg ____________________________ MITCHELL S. GOLDBERG, J.
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