Murray v. Tuttle et al

Filing 21

ORDER (memorandum filed previously as separate docket entry). 10 First MOTION to Dismiss is granted. Murray's habeas corpus petition is dismissed without prejudice. 15 MOTION to Amend/Caption filed by Shawn Christian Murray, 18 MOTIO N for Temporary Restraining Order and MOTION for Preliminary Injunction filed by Shawn Christian Murray, and 17 MOTION to Expedite filed by Shawn Christian Murray are Dismissed as moot. No basis for the issuance of a certificate of appealability. The Clerk is directed to close this case.Signed by Honorable Matthew W. Brann on 2/8/2017. (jn)

IN THE UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA

SHAWN CHRISTIAN MURRAY,

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Petitioner
v.
JOHN TUTTLE,
Respondent

CIVIL NO. 4:CV-15-1493
(Judge Brann)

ORDER
February 8, 2017
In accordance with the accompanying Memorandum, IT IS HEREBY
ORDERED THAT:

1.

Respondent’s motion to dismiss (Doc. 10) is
GRANTED.

2.

Murray’s habeas corpus petition is DISMISSED
WITHOUT PREJUDICE.

3.

The Clerk of Court is directed to CLOSE this case.

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4.

Petitioner’s motions to expedite (Doc. 17); amend
caption (Doc. 15); and for preliminary injunctive relief
(Doc. 18) are DISMISSED AS MOOT.

5.

Based on the Court’s conclusion herein, there is no basis
for the issuance of a certificate of appealability.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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