Kuehner v. Commonwealth of Pennsylvania et al

Filing 9

ORDER (memorandum filed previously as separate docket entry), ORDER DISMISSING CASE the petn. for writ of h.c. is dismissed w/o prej. Clerk to close case.Signed by Honorable Malachy E Mannion on 10/17/16. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
TERRY KUEHNER,
Petitioner

:
:
CIVIL ACTION NO. 3:16-1576

v.

:
(Judge Mannion)

COMM. OF PENNSYLVANIA,
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.

The Clerk of Court shall CLOSE this case.

3.

There is no probable cause to issue a certificate of
appealability.1
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated:

October 17, 2016

O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1576-01-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.