ZAYAS v. COMMONWEALTH OF PENNSYLVANIA et al

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST STATE REMEDIES AND A CERTIFICATE OF APPEALABILTY WILL NOT ISSUE. SIGNED BY HONORABLE C. DARNELL JONES, II ON 7/16/14. 7/16/14 ENTERED AND COPIES MAILED TO PRO SE PEITIONER AND E-MAILED. (jpd)

Case 2:14-cv-03138-CDJ

Document 8 Filed 06/26/14 Page 6 of 6

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
OMAR ANGEL ZAYAS

FILED

CIVIL ACTION

v.

JUL 1 6 2014
MICHAEL I:. KUNZ, Clerk

Dep. Clerk

By
COMMONWEALTH OF
PENNSYLVANIA, et al.

NO. 14-3138

ORDER
AND NOW, this/&/+aay of

, 2014, upon consideration of

petitioner's Petition for Writ of Habeas Corpus under 28 U.S.C. § 224l(a) (Doc. 1), the
Response to Petition for Writ of Habeas Corpus (Doc. 7), the record in this case, and the Report
and Recommendation of United States Magistrate Judge Thomas J. Rueter, it is hereby

ORDERED as follows:
I.

The Report and Recommendation of United States Magistrate Judge

Thomas J. Rueter is APPROVED and ADOPTED;
2.

The petition for a writ of habeas corpus is DISMISSED WITHOUT

PREJUDICE for failure to exhaust state remedies; and
3.

A certificate of appealability will not issue because reasonable jurists

would not debate this court's procedural ruling as required under 28 U.S.C. § 2253(c)(2). See
Slack v. McDaniel, 529 U.S. 473, 484 (2000).

BY THE COURT:

J.