Chamberlain v. Wetzel et al

Filing 19

ORDER (re: Memorandum 18 filed previously as separate docket entry) - It is hereby ORDERED that: 1. Ptnr's motion for leave to file petition for writ of habeas corpus in excess of page limit 11 is GRANTED & petition for writ of h/c 13 acc epted for filing.;l 2. Ptnr's motion to dismiss petition w/out prejudice to allow ptnr to expeditiously exhaust fed claims in state court 14 is GRANTED.; 3. Petition for writ of h/c 13 is DISMISSED w/out prejudice.; 4. Clrk of Ct to CLOSE case. 5. No basis for issuance of certificate of appelability. (See memo & order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/05/13. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
TERRY RAY CHAMBERLAIN,

:
:
Petitioner
:
:
v.
:
:
JOHN E. WETZEL, Secretary:
designee, Pennsylvania Department :
of Corrections; LOUIS B. FOLINO, :
Superintendent of the State
:
Correctional Institution at Greene; :
and MARIROSA LAMAS,
:
Superintendent of the State
:
Correctional Institution at
:
Rockview,
:
:
Respondents
:

CIVIL ACTION NO: 1:12-CV-01272
(Chief Judge Conner)

THIS IS A CAPITAL CASE

ORDER
AND NOW, this 5th day of December, 2013, for the reasons set forth in the
accompanying memorandum of this date, it is hereby ORDERED that:
1.

Petitioner’s motion for leave to file a petition for writ of habeas corpus
in excess of the page limitation (Doc. 11) is GRANTED. The petition
for writ of habeas corpus (Doc. 13) is accepted for filing.

2.

Petitioner’s motion to dismiss the petition for writ of habeas corpus
without prejudice to allow petitioner to expeditiously exhaust federal
claims in state court (Doc. 14) is GRANTED.

3.

The petition for writ of habeas corpus (Doc. 13) is DISMISSED without
prejudice.

4.

The Clerk of Court shall CLOSE this case.

5.

There is no basis for the issuance of a certificate of appealability. See
28 U.S.C. § 2253(c).

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania