Ramos v. Court of Common Pleas of Lebanon Pennsylvania

Filing 8

ORDER (memorandum filed previously as separate docket entry). 1. In accordance with Mr. Ramos Notice of Election (ECF No. 6) to discontinue this action, the instant petition is DEEMED WITHDRAWN.2. Mr. Ramos petition for writ of habeas corpus (ECF No. 1)is DISMISSED WITHOUT PREJUDICE.3. Mr. Ramos may file another § 2254 petition raising all grounds for relief form his conviction within the applicable one (1) year statutory period prescribed by 28 U.S.C. § 2254(d)(1).4. There is no basis for the issuance of a Certificate of Appealability.5. The Clerk of Court is directed to CLOSE this case.Signed by Honorable A. Richard Caputo on 11/17/17. (dw)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
XAVIER I. RAMOS,
Petitioner
v.
COURT OF COMMON PLEAS OF
LEBANON PENNSYLVANIA, et al.,
Respondents

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CIVIL ACTION NO. 3:CV-17-1426
(Judge Caputo)

ORDER
AND NOW, this 17th day of NOVEMBER, 2017, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED THAT:
1.

In accordance with Mr. Ramos’ Notice of Election (ECF
No. 6) to discontinue this action, the instant petition is
DEEMED WITHDRAWN.

2.

Mr. Ramos’ petition for writ of habeas corpus (ECF No. 1)
is DISMISSED WITHOUT PREJUDICE.

3.

Mr. Ramos may file another § 2254 petition raising all
grounds for relief form his conviction within the applicable
one (1) year statutory period prescribed by 28 U.S.C. §
2254(d)(1).

4.

There is no basis for the issuance of a Certificate of
Appealability.

5.

The Clerk of Court is directed to CLOSE this case.
/s/ A. Richard Caputo
A. RICHARD CAPUTO
United States District Judge