HENDERSON v. DELANEY et al

Filing 25

ORDER THAT MAGISTRATE JUDGE ANGELL'S REPORT AND RECOMMEDATION IS APPROVED AND ADOPTED. IT IS FURTHER ORDERED THAT THE PETITION FOR HABEAS CORPUS RELIEF IS DENIED AND DISMISSED WITHOUT PREJUDICE TO REFILE AFTER EXHAUSTING HIS AVAILABLE STATE COUR T REMEDIES. IT IS FURTHER ORDERED THAT BECAUSE PETITIONER HAS NOT MET STATUTORY REQUIREMENTS TO HAVE HIS CASE HEARD, AND NO REASONABLE JURIST COULD FIND THIS RULING DEBATABLE, AND BECAUSE PETITIONER FAILS TO DEMONSTRATE DENIAL OF A CONSTITUTIONAL RIG HT, A CERTIFICATE OF APPEALABILITY IS DENIED. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL REMOVE THIS MATTER FROM CIVIL SUSPENSE. IT IS FURTHER ORDERED THAT THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES, ETC. SIGNED BY HONORABLE JAMES KNOLL GARDNER ON 9/30/2014. 10/1/2014 ENTERED AND COPIES MAILED TO PETITIONER AND E-MAILED.(lbs, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DIONNE HENDERSON,

)
)
Petitioner,
)
)
v.
)
)
)
MR. JOHN P. DELANEY,
)
Warden of CFCF;
)
PAMELA P. DEMBE,
)
Commonwealth of Pennsylvania )
Court of Common Pleas
)
President;
)
JUDGE GEORGE E. BRINKLEY; and )
DISTRICT ATTORNEY OFFICE OF
)
PHILADELPHIA
)
)
Respondents
)

Civil Action
No. 12-cv-04265

O R D E R
NOW, this 30th day of September, 2014, upon
consideration of the following documents:
(1)

(2)

Response to Petition for Writ of Habeas
Corpus, which response was filed February 19,
2013; and

(3)

1

§ 2241 Habeas Corpus Petition Form to be Used
by Prisoners in Actions Under 28 U.S.C.
§ 2241 or in Actions Challenging Removal
Proceedings, which petition is dated July 24,
2012 and was filed on July 26, 2012;1

Report and Recommendation of United States
Magistrate Judge M. Faith Angell dated and
filed April 12, 2013;

Mr. Henderson’s original petition for writ of habeas corpus was
filed on July 26, 2012. However, the petition itself indicates that it was
signed by petitioner on July 24, 2012. Thus, giving petitioner the benefit of
the prison mailbox rule, (See Burns v. Morton, 134 F.3d 109 (3d Cir. 1998) and
Rule 3(d) of the Rules Governing Section 2254 Cases in the United States
District Courts), I consider July 24, 2012 the filing date of Mr. Henderson’s
original petition.

it appearing that as of the date of this Order no objections have
been filed to the Report and Recommendation of Magistrate Judge
Angell; it further appearing after review of this matter that
Magistrate Judge Angell’s Report and Recommendation correctly
determined the legal and factual issues presented in the petition
for habeas corpus relief,
IT IS ORDERED that Magistrate Judge Angell’s Report and
Recommendation is approved and adopted.
IT IS FURTHER ORDERED that the petition for habeas
corpus relief is denied and dismissed without prejudice to refile
after exhausting his available state court remedies.
IT IS FURTHER ORDERED that because petitioner has not
met statutory requirements to have his case heard, and no
reasonable jurist could find this ruling debatable, and because
petitioner fails to demonstrate denial of a constitutional right,
a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Clerk of Court shall
remove this matter from civil suspense.
IT IS FURTHER ORDERED that the Clerk of Court shall
mark this case closed for statistical purposes.
BY THE COURT:

/s/ JAMES KNOLL GARDNER
James Knoll Gardner
United States District Judge

-2-