Johnson v. Wetzel et al

Filing 6

ORDER (memorandum filed previously as separate docket entry), ORDER TERMINATING CASE.Signed by Honorable Malachy E Mannion on 3/6/14. (bs)

UNITED DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
HARVE JOHNSON,
Petitioner

:
:

v.

CIVIL ACTION NO. 3:13-01666
:

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

(JUDGE MANNION)
:
:
THIS IS A CAPITAL CASE
:
:
:
:

ORDER
AND NOW, this 6th day of March, 2014, for the reasons set forth in the
accompanying memorandum, IT IS HEREBY ORDERED THAT:
1.

This capital habeas corpus proceeding is DISMISSED without
prejudice.

2.

The Clerk of Court shall CLOSE this case.

3.

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

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2013 MEMORANDA\13-1666-01-ORDER.wpd