HARRIS v. COMMONWEALTH OF PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF LANCASTER COUNTY PA

Filing 14

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED AND THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITHOUT PREJUDICE TO HIS RIGHT TO REFILE ONCE HE HAS EXHAUSTED HIS CLAIMS IN STATE COURT; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES AND JERRY CUTLER'S MOTION TO COMBINE CASES AND SUMMARY JUDGMENT (DC. NO. 6) IS DENIED AND THE CLERK OF COURT SHALL REMOVE CUTLER FORM THE DOCKET OF THIS CASE. SIGNED BY HONORABLE GERALD J. PAPPERT ON 6/22/17. 6/22/17 ENTERED AND COPIES MAILED, E-MAILED AND FAXED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMAL HARRIS,
Petitioner,

CIVIL ACTION
NO. 16-4108

v.
CHERYL STEBERGER, et al.,
Respondents.
ORDER

AND NOW, this 22nd day of June, 2017, upon consideration of the Report and
Recommendation filed by United States Magistrate Judge Elizabeth T. Hey, (ECF No.
8), and Jamal Harris’s objections thereto, (ECF No. 9), it is hereby ORDERED that:
1. Harris’s objections are OVERRULED and Magistrate Judge Hey’s Report and
Recommendation is APPROVED and ADOPTED;
2. Harris’s Petition for a Writ of Habeas Corpus is DENIED and DISMISSED
without prejudice to his right to refile once he has exhausted his claims in
state court;
3. No certificate of appealability shall issue;
4. This case shall be CLOSED for statistical purposes.
5. Jeffrey Cutler’s Motion to Combine Cases and Summary Judgment, (ECF No.
6), is DENIED and the Clerk of Court shall REMOVE Cutler from the docket
of this case.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.