Rivera v. Ferguson et al

Filing 8

ORDER (memorandum filed previously as separate docket entry), 1.The petition for writ of habeas corpus, (Doc. 1) is DISMISSED without prejudice as premature. 2.The Clerk of Court shall CLOSE this case.3.There is no probable cause to issue a certificate of appealability.4.Petitioners motion to stay proceedings (Doc. 3) is DENIED. Signed by Honorable Malachy E Mannion on 12/7/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
EMANUEL RIVERA,

:
:

Petitioner
v.
TAMMY FERGUSON,
Respondent

CIVIL ACTION NO. 3:17-1616
:

(JUDGE MANNION)

:
:

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 as premature.

2.

The Clerk of Court shall CLOSE this case.

3.

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

4.

Petitioner’s motion to stay proceedings (Doc. 3) is
DENIED.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: December 7, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2017 MEMORANDA\17-1616-01-order.wpd