GOODE v. RUSSELL et al

Filing 9

ORDER THAT THE PETITION FOR A WRIT OF HABEAS CORPUS (DOC. NO. 2 ) IS DIMISSED WITHOUT PREJUDICE IN PART AND DISMISSED WITH PREJUDICE IN PART AS FOLLOWS: A. THE HABEAS PETITION, TO THE EXTENT THAT THE PETITIONER ASSERTS CLAIMS FOR DENIAL OF ACCESS TO THE COURTS AND RACIAL DISCRIMINATION, IS DISMISSED WITH PREJUDICE; AND B. THE HABEAS PETITION, TO THE EXTENT THAT THE PETITIONER RAISES CONSTITUTIONAL CLAIMS FOR VIOLATIONS OF HIS RIGHT TO A SPEEDY TRIAL, IS DISMISSED WITHOUT PREJUDICE; THE COURT DECLINES TO ISSUE A CERTIFICATE OF APPEALABILITY; AND THE CLERK OF COURT SHALL MARK THIS MATTER AS CLOSED. SIGNED BY HONORABLE EDWARD G. SMITH ON 7/29/22. 7/29/22 ENTERED AND COPIES MAILED TO PRO SE.(mas)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMES GOODE,
Petitioner,
v.
KYLE RUSSELL, JOSEPH SNELL, and
JEFFERY SMITH,
Respondents.

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CIVIL ACTION NO. 22-1320

ORDER
AND NOW, this 29th day of July, 2022, after considering the petition for a writ of habeas
corpus under 28 U.S.C. § 2241 filed by the pro se petitioner, James Goode (Doc. No. 2) and
Goode’s response to the court’s July 12, 2022 Order (Doc. No. 7); and for the reasons set forth in
the separately filed memorandum opinion, it is hereby ORDERED as follows:
1.

The petition for a writ of habeas corpus (Doc. No. 2) is DIMISSED WITHOUT

PREJUDICE IN PART and DISMISSED WITH PREJUDICE IN PART as follows:
a.

The habeas petition, to the extent that the petitioner asserts claims for denial

of access to the courts and racial discrimination, is DISMISSED WITH PREJUDICE;
and
b.

The habeas petition, to the extent that the petitioner raises constitutional

claims for violations of his right to a speedy trial, is DISMISSED WITHOUT
PREJUDICE;
2.

The court DECLINES to issue a certificate of appealability; and

3.

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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