TEJADA v. FISHER et al

Filing 13

OPINION/ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS IS GRANTED, AND TEJADA HAS LEAVE TO PROCEED IN FORMA PAUPERIS. THE MOTION TO CLARIFY THE PLEADINGS AND MOTION TO SHOW CAUSE ARE DENIED. THE AMENDED PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 5/12/16. 5/12/16 ENTERED AND COPIES MAILED TO PRO SE' (ky, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
RICKY TEJADA,

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Petitioner,
v.
JON D. FISHER, et al.,
Respondents.

CIVIL ACTION NO. 15-6648

ORDER
AND NOW, this 12th day of May, 2016, after considering the application to proceed in
forma pauperis filed by the pro se petitioner, Ricky Tejada (“Tejada”) (Doc. No. 7), Tejada’s
motion to clarify the pleadings and motion to show cause the filing fee money wasn’t remitted
back to the court (Doc. No. 8), and Tejada’s amended petition under 28 U.S.C. § 2254 for writ of
habeas corpus by a person in state custody (Doc. No. 11); and after also considering Tejada’s
originally-filed petition for a writ of habeas corpus (Doc. No. 1); and for the reasons set forth in
the separately-filed memorandum opinion; accordingly, it is hereby ORDERED as follows:
1.

The application to proceed in forma pauperis (Doc. No. 7) is GRANTED and

Tejada has leave to proceed in forma pauperis;
2.

The motion to clarify the pleadings and motion to show cause (Doc. No. 8) are

DENIED;
3.

The amended petition for writ of habeas corpus under 28 U.S.C. § 2254 (Doc. No.

11) is DISMISSED under 28 U.S.C. § 1915(e)(2)(B)(i) and (ii);
4.

There is no cause for a certificate of appealability; and

5.

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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