WEAVER v. U.S. DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITHOUT PREJUDICE TO ALLOW PETITIONER TO EXHAUST HIS STATE COURT REMEDIES BEFORE RETURN TO FEDERAL COURT; AND THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY.. SIGNED BY CHIEF JUDGE PETRESE B. TUCKER ON 4/5/17. 4/5/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER, E-MAILED TO COUNSEL.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LOVELLE KINON WEAVER,
Petitioner,
v.
U.S. DISTRICT COURT, EASTERN
DISTRICT OF PENNSYLVANIA, et al.,
Respondents.

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CIVIL ACTION
NO. 16-4811

ORDER
AND NOW, this _5th___ day of April, 2017, upon careful and independent
consideration of the Petition for Writ of Habeas Corpus (Doc. 1), Respondents’ Response in
Opposition thereto (Doc. 5), the Report and Recommendation of United States Magistrate Judge
Carol Sandra Moore Wells (Doc. 7), and Petitioner’s Objections to the Report and
Recommendation (Doc. 8), IT IS HEREBY ORDERED AND DECREED that:
1.

The Report and Recommendation is APPROVED and ADOPTED;

2.

The Petition for Habeas Corpus is DENIED WITHOUT PREJUDICE to allow
Petitioner to exhaust his state court remedies before returning to federal court; and

3.

There is no basis for the issuance of a certificate of appealability.

BY THE COURT:
/s/ Petrese B. Tucker
_________________________
Hon. Petrese B. Tucker, C.J.