Pino v. Smith et al

Filing 14

ORDER (memorandum filed previously as separate docket entry) 1. The motion (Doc. 3) to stay is DENIED. 2. The petition for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice. See R. GOVERNING § 2254 CASES R. 4. 3. The Clerk of Court is directed to NOTIFY the petitioner and CLOSE this case.4. There is no basis for the issuance of a certificate of appealability. See28 U.S.C. § 2253(c). (eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOHN A. PINO,
Petitioner,
v.
BARRY SMITH,
SUPERINTENDENT, SCIHOUTZDALE, PA ATTORNEY
GENERAL,
Respondents .

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1:16-cv-1788
Hon. John E. Jones III

ORDER
January 11, 2017
NOW THEREFORE, upon consideration of the petition for writ of habeas
corpus (Doc. 1) pursuant to 28 U.S.C. § 2254, and for the reasons set forth in the
Court’s memorandum of the same date, it is hereby ORDERED that:
1.

The motion (Doc. 3) to stay is DENIED.

2.

The petition for writ of habeas corpus (Doc. 1) is DISMISSED
without prejudice. See R. GOVERNING § 2254 CASES R. 4.

3.

The Clerk of Court is directed to NOTIFY the petitioner and CLOSE
this case.

4.

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

s/ John E. Jones III
John E. Jones III
United States District Judge