United States District Court, W.D. Pennsylvania
November 28, 2005.
GREGORY L. CASTAPHNEY, Petitioner,
LOUIS FOLINO, Respondent.
The opinion of the court was delivered by: DAVID CERCONE, District Judge
AND NOW, this 28th day of November, 2005, after a
petition for a writ of habeas corpus was filed by the petitioner,
Gregory L. Castaphney, and after the Report and Recommendation of
the United States Magistrate Judge was issued, and the petitioner
was granted ten days after being served with a copy to file
written objections thereto, and upon consideration of the
objections filed by the petitioner, including his desire to file
an original petition in the United States Court of Appeals for
the Third Circuit, and after independent review of the petition
and the record, and upon consideration of the Report and
Recommendation of the Magistrate Judge,
IT IS ORDERED that the petition of Gregory L. Castaphney for a
writ of habeas corpus is dismissed without prejudice, so that he
can file an original petition in the United States Court of
Appeals for the Third Circuit.
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