STRINGER v. FOLINO et al

Filing 49

ORDER dismissing 48 Motion for Summary Judgment and/or Partial Judgment. Signed by Magistrate Judge Lisa Pupo Lenihan on August 19, 2015. (kcc)

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

ROBERT STRINGER,
Petitioner,
v.
LOUIS FOLINO, et al.,
Respondents.

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Civil Action No. 13-221

Magistrate Lisa Pupo Lenihan

ORDER
AND NOW, this 19th day of August, 2015, it is hereby ORDERED that Petitioner’s Motion for
Summary Judgment and/or Partial Judgment [ECF No. 48] is DISMISSED. A motion for summary
judgment is not an appropriate filing in a habeas proceeding. See Rules 2 and 5 of the Rules Governing
Section 2254 Cases In the United States District Courts. See also Local Rules LCvR 2254(B) and (E).
To the extent that the motion contains argument that would be appropriate in a reply to Respondents’
answer, the Court will consider it as such.

/s/ Lisa Pupo Lenihan
LISA PUPO LENIHAN
United States Magistrate Judge