IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
February 5, 2008
OTIS LEE BOYD, PETITIONER,
GERALD ROZUM, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS.
The opinion of the court was delivered by: Arthur J. Schwab United States District Judge
Order of Court
Petitioner appeals the Scheduling Order of United States Magistrate Judge Caiazza (doc. no. 8), wherein Judge Caiazza ordered the district attorney to address the issue of state exhaustion (among other things) by a date certain. Petitioner's "appeal," as he terms it, will be denied because he is attempting to argue the merits of the exhaustion issue. Judge Caiazza's Order did not express an opinion on the merits of the underlying issues related to petitioner's writ of habeas corpus. The merits of this case will be addressed in due course.
Accordingly, petitioner's appeal is hereby DENIED.
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