Turkos v. Brittain et al

Filing 7

ORDER (memorandum filed previously as separate docket entry) - IT IS HEREBY ORDERED that: In accordance with the Petitioners Notice of Election (Doc. 5) to discontinue this action, the instant petition is DEEMED WITHDRAWN. DISMISSAL IS WITHOUT PREJUD ICE and Turkos may file another § 2254 petition raising all grounds for relief from his conviction within the one (1) year statutory period prescribed by 28 U.S.C. § 2244(d)(1). The Clerk of Court is directed to CLOSE this case. There is no basis for the issuance of a Certificate of Appealability. Signed by Honorable Matthew W. Brann on 12/5/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH TURKOS,
Petitioner,
v.
SUPERINTENDENT BRITTAIN,
Respondent.

:
:
:
:
:
:
:
:
:

No.: 4:17-CV-1897
(Judge Brann)

ORDER
AND NOW, this 5th day of December 2017, in accordance with the
accompanying Memorandum, IT IS HEREBY ORDERED that:
1.

In accordance with the Petitioner’s Notice of Election (Doc. 5) to
discontinue this action, the instant petition is DEEMED
WITHDRAWN.

2.

DISMISSAL IS WITHOUT PREJUDICE and Turkos may file
another § 2254 petition raising all grounds for relief from his conviction
within the one (1) year statutory period prescribed by 28 U.S.C. §
2244(d)(1).

3.

The Clerk of Court is directed to CLOSE this case.

4.

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