ARNOLD v. THOMAS et al

Filing 17

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITH PREJUDICE AS TO HIS PROCEDURALLY DEFAULTED AND NON COGNIZABLE CLAIMS AND DISMISSED WITHOUT PREJUDICE AS TO HIS UNEXHAUSTED CLAI MS; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY AND THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE MARY A. MCLAUGHLIN ON 5/22/14. 5/22/14 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAAILED. (jpd)

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

DARREN JOSEPH ARNOLD,
Petitioner,
V.

JOHN THOMAS, et al.,
Respondents.

No. 13-2088
ORDER

MARY A. MCLAUGHLIN, J.
AND NOW, this

~y of ~, 2014, upon careful and independent

consideration of the petition for a writ of habeas corpus, and after review of the Report and
Recommendation of United States Magistrate Judge Timothy R. Rice, IT IS ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for writ of habeas corpus is DISMISSED with prejudice as to his
procedurally defaulted and non-cognizable claims and DISMISSED without prejudice as
to his unexhausted claims;
3. There is no probable cause to issue a certificate of appealability; and
4. The Clerk of the Court shall mark this case closed for statistical purposes.

BY THE COURT: