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Watson v. Commonwealth

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


March 2, 2010

JAMES WATSON, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, ET AL., RESPONDENTS

The opinion of the court was delivered by: Hon. John E. Jones III

MEMORANDUM

THE BACKGROUND OF THIS MEMORANDUM IS AS FOLLOWS:

Petitioner James Watson ("Petitioner" or "Watson"), an inmate presently confined at the Albion State Correctional Institution ("SCI-Albion") in Albion, Pennsylvania, commenced this pro se action by filing a Petition for Writ of Habeas Corpus pursuant to the provisions of 28 U.S.C. § 2254.

In accordance with United States v. Miller, 197 F.3d 644 (3d Cir. 1999), and Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000), on February 22, 2010, the Court issued a formal notice to Watson that he could either have his Petition ruled on as filed, or withdraw his Petition and file one all-inclusive § 2254 petition within the one-year statutory period prescribed by the Antiterrorism and Effective Death Penalty Act ("AEDPA"). (Doc. 4.)

On March 1, 2010, Watson filed a Notice of Election indicating that he chooses to withdraw his Petition as filed so that he may file one, all-inclusive petition under 28 U.S.C. § 2254 within the one-year limit for filing such a petition. (See Doc. 5.) This Court's February 22, 2010 Order stated that "[i]f Petitioner decides to file an all-inclusive § 2254 petition raising all grounds for relief, Petitioner's Notice of Election form must also be accompanied by his new § 2254 petition. If the new § 2254 petition does not accompany the Notice of Election, the Court will dismiss this case without prejudice." (See Doc. 4 ¶ 3.) Because a new § 2254 petition did not accompany Watson's Notice of Election, his Motion for leave to proceed in forma pauperis (Doc. 3) will be granted for the sole purpose of filing the Petition, and the Petition (Doc. 1) will be dismissed without prejudice. An appropriate Order will enter.

20100302

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