COOPER v. THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA et al

Filing 3

ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS (DOC. NO. 1-1) IS GRANTED FOR THE LIMITED PURPOSE OF SATISFYING THE FILING FEE REQUIREMENT; THE PETITION (DOC. NO. 1 ) IS DISMISSED FOR FAILURE TO STATE A CLAIM FOR WHICH HABEAS CORPUS RELIEF MAY BE GRANTED; THERE IS NO CAUSE FOR A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED.. SIGNED BY HONORABLE EDWARD G. SMITH ON 2/2/16. 2/2/16 ENTERED AND COPIES MAILED TO PRO SE.(mas, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BRAXTON COOPER, Petitioner, v. THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents. : : : : : : : : : : : : CIVIL ACTION NO. 15-6721 ORDER AND NOW, this 2nd day of February, 2016, after considering the petition under 28 U.S.C. ยง 2254 and the application to proceed in forma pauperis filed by the pro se petitioner, Braxton Cooper (Doc. Nos. 1, 1-1); and for the reasons set forth in the accompanying memorandum opinion, it is hereby ORDERED as follows: 1. The application to proceed in forma pauperis (Doc. No. 1-1) is GRANTED for the limited purpose of satisfying the filing fee requirement; 2. The petition (Doc. No. 1) is DISMISSED for failure to state a claim for which habeas corpus relief may be granted; 3. There is no cause for a certificate of appealability; and 4. The clerk of court shall mark this matter as CLOSED. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J.

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