IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
December 10, 2010
JON L. FISHER, ET AL
The opinion of the court was delivered by: Mitchell S. Goldberg, J.
AND NOW, this 7th day of December, 2010, upon consideration of Petitioner's pro se Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, the Commonwealth's Motion to Dismiss, Petitioner's Response to the Respondent's Motion to Dismiss, and Petitioner's objections,*fn1 and after review of the Report and Recommendation of United States Magistrate Judge Carol Sandra Moore Wells, it is hereby ORDERED that:
1. Petitioner's objections are OVERRULED;
2. The Report and Recommendation is APPROVED and ADOPTED;
3. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE to Petitioner's right to re-file promptly at the conclusion of state court proceedings;
4. Respondents' "Motion to Dismiss" (Doc. No. 9) is hereby GRANTED, for reasons set forth in the attached Report and Recommendation; and
5. Petitioner has not yet met statutory requirements to have his case heard, and no reasonable jurist could find this procedural ruling debatable; thus, a certificate of appealability is DENIED.
BY THE COURT: