LEE v. COMMONWEALTH OF PENNSYLVANIA
ORDERED THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; PETITIONER'S SEC. 2241 PETITION IS DISMISSED WITHOUT PREJUDICE FOR FAILING TO EXHAUST STATE COURT REMEDIES; A CERTIFICATE OF APPEALABILITY SHALL NOT ISSUE AND THE CLERK OF COURT SHALL CLOSE THIS ACTION. SIGNED BY HONORABLE PAUL S. DIAMOND ON 12/5/17. 12/6/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER (jpd )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THE COMMONWEALTH OF
PENNSYLVANIA, et al.,
Civ. No. 17-3760
On July 31, 2017, Petitioner filed this § 2241 Petition (Doc. No. 1) seeking pretrial
habeas relief. On November 8, 2017, Magistrate Judge Henry S. Perkin issued a Report and
Recommendation (Doc. No. 4) that I dismiss the Petition without prejudice. Petitioner has not
filed any objections to the Report and Recommendation.
AND NOW, this 4th day of December, 2017, upon consideration of Magistrate Judge
Henry S. Perkin’s Report and Recommendation (Doc. No. 4), and after an independent review of
Petitioner’s § 2241 Petition (Doc. No. 1), it is hereby ORDERED as follows:
1. The Report and Recommendation (Doc. No. 4) is APPROVED and ADOPTED;
2. Petitioner’s § 2241 Petition (Doc. No. 1) is DISMISSED without prejudice for
failing to exhaust state court remedies;
3. A certificate of appealability shall NOT ISSUE; and
4. The CLERK OF COURT shall CLOSE this action.
AND IT IS SO ORDERED.
/s/ Paul S. Diamond
Paul S. Diamond, J.
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