SMITH v. COMMONWEALTH OF PENNSYLVANIA DISTRICT ATTORNEYS OFFICE
Filing
17
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST STATE REMEDIES; AND CERTIFICATE OF APPEALABILITY WILL NOT ISSUE BECAUSE REASONABLE JURISTS WOULD NOT DEBATE THIS COURT'S PROCEDURAL RULING. SIGNED BY HONORABLE JAN E. DUBOIS ON 8/12/13. 8/12/13 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
JAMIL SMITH,
CIVIL ACTION
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA DISTRICT
ATTORNEYS OFFICE,
Respondent.
NO. 13-539
ORDER
AND NOW, this 12th day of August, 2013, upon consideration of petitioner’s Petition for
Writ of Habeas Corpus under 28 U.S.C. §2241(a) (Document No. 1, filed January 30, 2013), the
Response for Writ of Habeas Corpus (Document No. 13, filed June 21, 2013), the record in this
case, and the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter
dated July 9, 2013, no objections having been filed, IT IS ORDERED as follows:
1.
The Report and Recommendation of United States Magistrate Judge Thomas J.
Rueter dated July 9, 2013, is APPROVED and ADOPTED;
2.
The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT
PREJUDICE for failure to exhaust state remedies; and,
3.
A certificate of appealability will not issue because reasonable jurists would not
debate this Court’s procedural ruling as required under 28 U.S.C. § 2253(c)(2). See Slack v.
McDaniel, 529 U.S. 473, 484 (2000).
BY THE COURT:
/s/ Jan E. DuBois
DuBOIS, JAN E., J.
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