BACON v. SOMMERS

Filing 24

ORDER (memorandum filed previously as separate docket entry),1.Respondents motion to dismiss (Doc. 22) is GRANTED. 2.The petition for writ of habeas corpus, (Doc. 1) is DISMISSED without prejudice as premature. 3.The Clerk of Court shall CLOSE this case. ORDER TERMINATING CASE.Signed by Honorable Malachy E Mannion on 3/18/19. (bs)

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UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA BILLY LEE BACON, Petitioner : : CIVIL ACTION NO. 3:18-0059 v. : (Judge Mannion) JOHN SOMMERS, Respondent : : ORDER For the reasons set forth in the Memorandum of this date, IT IS HEREBY ORDERED THAT: 1. Respondent’s motion to dismiss (Doc. 22) is GRANTED. 2. The petition for writ of habeas corpus, (Doc. 1) is DISMISSED without prejudice as premature. 3. The Clerk of Court shall CLOSE this case. 4. There is no probable cause to issue a certificate of appealability. s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge Dated: March 18, 2019 O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2018 MEMORANDA\18-0059-01-order.wpd

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