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Bryant Johnson v. Jon L. Fisher

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


December 10, 2010

BRYANT JOHNSON
v.
JON L. FISHER, ET AL

The opinion of the court was delivered by: Mitchell S. Goldberg, J.

ORDER

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:


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