COOK v. COLEMAN et al

Filing 14

ORDER THAT THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST STATE COURT REMEDIES; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE IN THAT A REASONABLE JURIST COULD NOT CONCLUDE THE COURT IS INCORRECT IN DISMISSED THE HABEAS PETITION WITHOUT PREJUDICE.. SIGNED BY HONORABLE HARVEY BARTLE, III ON 6/25/12. 6/26/12 ENTERED AND COPIES MAILED TO PRO SE.(lvj, )

Case 2:12-cv-01406-HR Document 10-1 r:iled 06/06/12 Page 1 of 1

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

CIVIL ACTION

DARYL COOK

v.
NO. 12-1406

BRIAN Y. COLEMAN

ORDER
AND ~OW, this

~su.. day of

,2012, upon

consideration of the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2254, and after
review of the Report and Recommendation of United States Magistrate Judge L. Felipe Restrepo,
it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The Petition for Writ of Habeas Corpus is DISMISSED, without prejudice, for
failure to exhaust state court remedies;
3. A certificate of appealability shall not issue in that a reasonable jurist could not
conclude the Court is incorrect in dismissing the habeas petition wilhout prejudice.

BY THE COURT:

.. ,
HARVEY BARTL