Briggs v. Wetzel et al

Filing 42

ORDER 1. Petitioner's motion to dismiss (Doc. 40) is GRANTED. 2. The stay of execution entered in this case (Doc. 11) is VACATED. 3. The Clerk of Court shall CLOSE this case. 4. There is no basis for the issuance of a certificate of appealability. 28 U.S.C. § 2253(c).Signed by Honorable Robert D. Mariani on 9/24/15. (jfg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DUSTIN FORD BRIGGS,

NO.3:11-CV-2156

Petitioner

(Judge Mariani)

v.
JOHN E. WETZEL, Secretary, Pennsylvania
Department of Corrections, et aI.,

THIS IS A CAPITAL CASE

Respondents
ORDER
AND NOW,

THIS~AY OF SEPTEMBER, 2015, upon consideration of

Petitioner's unopposed motion to dismiss without prejudice (Doc. 40), IT IS HEREBY
ORDERED THAT:
1.

Petitioner's motion to dismiss (Doc. 40) is GRANTED.

2.

The stay of execution entered in this case (Doc. 11) is VACATED.

3.

The Clerk of Court shall CLOSE this case.

4.

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

obert D. Mariani
United States District Judge