IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
September 19, 2012
SUPERINTENDENT MAZURKIEWICZ, ET AL., RESPONDENTS
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 19th day of September, 2012, upon preliminary review of the petition for writ of habeas corpus (Doc. 1) pursuant to 28 U.S.C. § 2254, see R. GOVERNING § 2254 CASES R.4, which reveals that petitioner has failed to satisfy the exhaustion requirements of 28 U.S.C. § 2254(b) and (c)*fn1 , as he presently has pending in the Superior Court of Pennsylvania an appeal of an April 11, 2012, Order of the Court of Common Pleas of Luzerne County "Granting Post-Conviction Relief Act Petition," (Doc. 1, at pp. 6, 26; see also electronic docket, http://ujsportal.pacourts.us), it is hereby ORDERED that:
1. The petition for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice to petitioner's right to file his petition upon conclusion of state court review.
2. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge