CACURAK v. COMMONWEALTH OF PENNSYLVANIA

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)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PHILIP CACURAK,
Petitioner,
vs.
COMMONWEAL TH OF PENNSYLVANIA
Respondent.

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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)