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Lloyd Virgil Barclay v. Commonwealth of Pennsylvania

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


November 3, 2011

LLOYD VIRGIL BARCLAY
v.
COMMONWEALTH OF PENNSYLVANIA, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

ORDER

AND NOW, this 3rd day of November, 2011, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 3), as well as the various Motions filed by Petitioner, and after review of United States Magistrate M. Faith Angell's Report and Recommendation (Docket No. 21), to which Petitioner has filed no Objections, IT IS HEREBY ORDERED as follows:

1. The Report and Recommendation of Magistrate Judge Angell is APPROVED and ADOPTED.

2. Petitioner's Motion to Strike (Docket No. 13) is DENIED.

3. Petitioner's Motion for Entry of Default Judgment (Docket No.14) is DENIED.

4. Petitioner's Motion for Summary Judgment (Docket No. 16) is DENIED.

5. Petitioner's Motion to Compel (Docket No. 19) is DENIED.

6. The Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE based on Petitioner's failure to exhaust available state court remedies.

7. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or to demonstrate that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).

8. The Clerk shall CLOSE this case statistically.

BY THE COURT:

John R. Padova, J.

20111103

© 1992-2011 VersusLaw Inc.



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