SHORT v. BURNS et al

Filing 28

ORDER THAT THE PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATIONS IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE. THE PETITIONER'S MOTION FOR THE ISSUANCE OF A SUBPOENA DU CES TECEM IS DENIED. THE PETITIONER'S MOTION FOR THE PRODUCTION OF MENTAL HEALTH RECORDS IS DENIED. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT IS DIRECTED TO MARK THIS CASE CLOSED FOR ALL PURPOSES.. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 12/17/13. 12/19/13 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
HARVEY P. SHORT,
Petitioner
vs.
DANIEL P. BURNS, et al.,
Respondents

:
:
:
:
:
:
:

CIVIL ACTION

NO. 13-2236

ORDER
AND NOW, this

17th

day of December, 2013, upon careful and independent

consideration of the petition for writ of habeas corpus (Document #1), and after review of the
thorough and well-reasoned Report and Recommendation of United States Magistrate Judge
Timothy R. Rice (Document #18), IT IS HEREBY ORDERED that:
1.

The petitioner’s objections (Document #23) are OVERRULED.

2.

The Report and Recommendation is APPROVED and ADOPTED.

3.

The petition for writ of habeas corpus is DISMISSED without prejudice.

4.

The petitioner’s motion for the issuance of a subpoena duces tecum (Documents

#14 and #15) is DENIED.1
5.

The petitioner’s motion for the production of mental health records (Document

#20) is DENIED.
6.

There is no probable cause to issue a certificate of appealability.

7.

The Clerk of Court is directed to mark this case CLOSED for all purposes.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

1

Because I am dismissing it without prejudice as unexhausted, I find that the requested
documents and mental health records are unnecessary to the disposition of this petition.
Accordingly, I will deny both motions.