Bennett v. Commonwealth Of Pennsylvania et al

Filing 15

ORDER (memorandum filed previously as separate docket entry)- IT IS ORDERED THAT: 1) The Petitioners application 4 to proceed in forma pauperis is GRANTED; 2) Petitioners petition 1 for writ of habeas corpus pursuant to 28 U.S.C. § 2254 is D ISMISSED without prejudice to the right of Petitioner to re-file his Section 2254 petition upon exhausting his state court remedies with respect to his claim; and 3) The Clerk of Court shall CLOSE this case.Signed by Honorable Yvette Kane on 11/8/17. (rw)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BRICE BENNETT, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, et al., Respondents : : : : : : : : ORDER No. 1:17-CV-01202 (Judge Kane) AND NOW, on this 8th day of November 2017, in accordance with the accompanying Memorandum, IT IS ORDERED THAT: 1) The Petitioner’s application to proceed in forma pauperis (Doc. No. 4), is GRANTED; 2) Petitioner’s petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 (Doc. No. 1), is DISMISSED without prejudice to the right of Petitioner to re-file his Section 2254 petition upon exhausting his state court remedies with respect to his claim; and 3) The Clerk of Court shall CLOSE this case. s/Yvette Kane Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

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