CATERBONE v. TRUMP et al

Filing 7

OPINION/ORDER THAT THE APPLICATION TO PROCEED IN FORMA PAUPERIS IS GRANTED. THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE. THE PETITIONER'S REQUEST FOR A HEARING (DOC. NO. 5) IS DENIED. THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE EDWARD G. SMITH ON 10/4/17. 10/4/17 ENTERED AND COPIES MAILED TO PRO SE'. (ky, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA STANLEY J. CATERBONE, PRO SE, and ADVANCED MEDIA GROUP, Petitioner, v. UNITED STATES PRESIDENT DONALD TRUMP, et al., Respondents. : : : : : : : : : : : CIVIL ACTION NO. 17-4000 ORDER AND NOW, this 4th day of October, 2017, after considering the purported petition for a writ of habeas corpus and an application to proceed in forma pauperis filed by the pro se petitioner, Stanley J. Caterbone, on August 28, 2017 (Doc. Nos. 1, 1-1); and after considering the various exhibits and documents the petitioner submitted in support of the petition (Doc. Nos. 2, 3, 4); and after considering the request for a hearing (Doc. No. 5); and for the reasons set forth in the separately-filed memorandum opinion, it is hereby ORDERED as follows: 1. The application to proceed in forma pauperis (Doc. No. 1-1) is GRANTED and the petitioner has leave to proceed in forma pauperis; 2. The petition for a writ of habeas corpus (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE without a hearing; 3. The petitioner’s request for a hearing (Doc. No. 5) is DENIED; 4. There is no cause to issue a certificate of appealability insofar as the petitioner has not made a substantial showing of the denial of a constitutional right; and 5. The clerk of court shall CLOSE this case. BY THE COURT: /s/ Edward G. Smith EDWARD G. SMITH, J. 2

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