MALDONADO v. FOLINO

Filing 13

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST AVAILABLE STATE COURT REMEDIES. THERE IS NO SUBSTANTIAL SHOWING OF THE DENIAL OF A CONSTITUTIONAL RIGHT WARRANTING THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED. SIGNED BY HONORABLE JUAN R. SANCHEZ ON 7/24/2014. 7/25/2014 ENTERED AND COPIES MAILED TO PRO SE, AND E-MAILED TO COUNSEL.(uh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ANGEL MALDONADO
v.
LOUIS FOLINO, et al.

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CIVIL ACTION
No. 14-1716

ORDER
AND NOW, this 24th day of July, 2014, upon careful and independent consideration of
Petitioner Angel Maldonado’s pro se Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2254, and after review of the Report and Recommendation of United States Magistrate Judge
M. Faith Angell, to which no objections have been filed,1 it is ORDERED:
1. The Report and Recommendation (Document 12) is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus (Document 1) is DENIED without prejudice for
failure to exhaust available state court remedies;
3. There has been no substantial showing of the denial of a constitutional right warranting
the issuance of a certificate of appealability; and
4. The Clerk of the Court shall mark this case CLOSED.
BY THE COURT:

/s/ Juan R. Sánchez
Juan R. Sánchez, J.

1

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The Report and Recommendation was sent to all parties of record on June 30, 2014. Pursuant to
Local Civil Rule 72.1 IV(b), a party may object to a magistrate judge’s report “within fourteen
(14) days after being served with a copy thereof.” As of today’s date, no objections have been
filed. In fact, by letter of June 10, 2014, Maldonado acknowledged he had failed to fully exhaust
his claims in the lower courts and requested the Court withdraw his habeas petition for later
filing without “being penalized in the future.” Accordingly, the Court dismisses his habeas
petition without prejudice.