Filing 6

MEMORANDUM ORDER dismissing petition for writ of habeas corpus for failure to exhaust state court remedies, denying a certificate of appealability, and adopting 4 Report and Recommendation of Magistrate Judge Mitchell as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 2/22/17. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA PHILIP CACURAK, Petitioner, vs. COMMONWEAL TH OF PENNSYLVANIA Respondent. ) ) ) ) ) ) ) 2:17cv44 Electronic Filing "41 ORDER AND NOW, this J.l,<lay of February, 2017, after the petitioner, Philip Cacurak, filed a petition for a writ of habeas corpus, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the petitioner a period oftime after being served with a copy to file written objections thereto, and upon consideration of the objections filed by the petitioner, and upon independent review of the petition and upon consideration of the Magistrate Judge's Report and Recommendation (ECF No. 4), which is adopted as the opinion of this Court, IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (ECF No. 3) is dismissed for failure to exhaust available state court remedies and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules of Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. David Stewart Cercone United States District Judge cc: Honorable Robert C. Mitchell United States Magistrate Judge Philip Cacurak Indiana County Jail 665 Hood School Road Indiana, PA 15701 (Via First Class Mail)

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