COLLINS v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA

Filing 6

ORDER indicating that the Magistrate Judge's Report and Recommendation 5 is adopted as the opinion of this Court; that the petition for a writ of habeas corpus filed by petitioner 3 is dismissed without prejudice pending his exhaustion of a vailable state court remedies and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied; that the motion for appointment of counsel 4 is dismissed as moot; that pursuant to Rule 4( a)(1) 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. Signed by Judge Nora Barry Fischer on 6/29/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
FREDERICK COLLINS,
Petitioner,
vs.
THE ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA,
Respondent.

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Civil Action No. 17-619

ORDER
AND NOW, this 29th day of June, 2017, after the petitioner, Frederick Collins,
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 of time after being served
with a copy to file written objections thereto, and no objections having been filed, and upon
independent review of the petition and upon consideration of the Magistrate Judge’s Report and
Recommendation (ECF No. 5), 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 without prejudice pending his exhaustion of 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 the motion for appointment of counsel (ECF
No. 4) is dismissed as moot.

IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) 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.

s/Nora Barry Fischer
Nora Barry Fischer
United States District Judge
cc:

Frederick Collins
#87391
Allegheny County Jail
950 Second Avenue
Pittsburgh, PA 15219