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Troy Baylor v. Marirosa Lamas

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


March 26, 2012

TROY BAYLOR, PETITIONER
v.
MARIROSA LAMAS,
THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA AND
THE DISTRICT ATTORNEY OF THE COUNTY OF PHILADELPHIA, RESPONDENTS

The opinion of the court was delivered by: Knoll Gardner United States District Judge

ORDER

NOW, this 21 st day of March, 2012, upon consideration of the following documents:

(1) Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody filed by petitioner Troy Baylor pro se on February 14, 2011;

(2) Brief for Appellant filed by petitioner on March 30, 2011;

(3) Amended Brief for Appellant filed by petitioner on April 11, 2011;

(4) Response to the Petition for Writ of Habeas Corpus, which response was filed by respondents on April 13, 2011;

(5) Plaintiff's Response to Defendants' Answer Dated April 13, 2011, which response was filed by petitioner on April 28, 2011;

(6) Report and Recommendation by United States Magistrate Judge Lynne A. Sitarski filed August 1, 2011;

(7) Memorandum in Support of Habeas Corpus, Order for Immediate Release from Imprisonment and Judicial Review of Administrative Record which memorandum was filed by petitioner on September 30, 2011;

(8) Application to Proceed In Forma Pauperis, Supporting Documentation and Order filed by petitioner December 21, 2011; it appearing that the extent to which petitioner's state-court proceedings are ongoing is unclear; it further appearing after de novo review of this matter that Magistrate Judge Sitarski's Report and Recommendation correctly determined the legal and factual issues presented in the petition for habeas corpus relief,

IT IS ORDERED that the Report and Recommendation is approved and adopted. *fn1

IT IS ORDERED that the Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody is dismissed without prejudice for petitioner to re-file his petition, if appropriate, after the conclusion of his state court proceedings.

IT IS FURTHER ORDERED that the Brief for Appellant is dismissed without prejudice for petitioner to re-file, if appropriate after the conclusion of his state court proceedings. *fn2

IT IS FURTHER ORDERED that the Application to Proceed In Forma Pauperis, Supporting Documentation and Order is dismissed as moot.

IT IS FURTHER ORDERED that the Clerk of Court mark this case closed for statistical purposes.

BY THE COURT:

James Knoll Gardner James


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