BATTS v. CITY OF PHILADELPHIA et al
Filing
16
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE OBJECTIONS ARE OVERRULED. THERE ARE NO GROUNDS TO ISSUE A CERTIFICATE OF APPEALABILITY. THE PETITION IS DISMISSED WITHOUT PREJUDICE. THE CLERK SHALL CLOSE THIS CASE. SIGNED BY HONORABLE MICHAEL M. BAYLSON ON 12/20/13. 12/20/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ROOSEVELT A. BATTS
CIVIL ACTION
v.
NO. 13-1629
CITY OF PHILADELPHIA, et al.
O R D ER
AND NOW, this 20th day of December, 2013, the Court having reviewed the Report and
Recommendation by Magistrate Judge Rueter, the objections filed by petitioner, and the response
to petitioner’s objections, the Court concludes that the petitioner has not exhausted his state court
remedies, for the reasons stated in some detail in the response filed on December 12, 2013. The
Court rejects petitioner’s claim that this case is extraordinary. Therefore, it is hereby ORDERD
as follows:
1.
The Report and Recommendation of United States Magistrate Judge Thomas J.
Rueter dated August 26, 2013 is APPROVED, and ADOPTED.
2.
The objections are OVERRULED.
3.
There are no grounds to issue a certificate of appealability.
4.
The petition is DISMISSED without prejudice.
5.
The Clerk shall close this case.
BY THE COURT:
/s/ Michael M. Baylson
_______________________________
MICHAEL M. BAYLSON, U.S.D.J.
O:\CIVIL 13\13-1629 batts v. cty phila\13cv1629.r.r.dismissed.docx
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?