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)

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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.

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