McDavis v. Mooney et al

Filing 6

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE. 1.The petition for writ of habeas corpus, (Doc. 1) is DISMISSED without prejudice to any right Petitioner may have to reassert his instant claims in a properly filed civil rights action. 2.Petitioners motion to proceed in forma pauperis (Doc. 4) is DISMISSED as moot as the filing fee was paid on April 27, 2015. 3.The Clerk of Court shall CLOSE this case.4.There is no probable cause to issue a certificate of appealability. Signed by Honorable Malachy E Mannion on 5/5/15. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JEROME McDAVIS,
Petitioner

:
:
CIVIL ACTION NO. 3:15-0725

v.

:
(Judge Mannion)

Warden VINCE MOONEY
Respondent

:
:
ORDER

For the reasons set forth in the Memorandum of this date, IT IS HEREBY
ORDERED THAT:
1.

The petition for writ of habeas corpus, (Doc. 1) is
DISMISSED without prejudice to any right Petitioner may
have to reassert his instant claims in a properly filed civil
rights action.

2.

Petitioner’s motion to proceed in forma pauperis (Doc. 4)
is DISMISSED as moot as the filing fee was paid on April
27, 2015.

3.

The Clerk of Court shall CLOSE this case.

4.

There is no probable cause to issue a certificate of
appealability.1

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated:

May 5, 2015

O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2015 MEMORANDA\15-0725-01-order.wpd

1

Jurists of reason would not debate the procedural or substantive disposition
of the Petitioner’s claims. See Slack v. McDaniel, 529 U.S. 473, 484 (2000).
Therefore, no certificate of appealability will be granted. See id.