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Johnson v. Commonwealth

United States District Court, Eastern District of Pennsylvania

March 5, 2014

TYRONE JOHNSON
v.
COMMONWEALTH OF PENNSYLVANIA

ORDER

Juan R. Sánchez, J.

AND NOW, this 5th day of March, 2014, upon careful and independent consideration of Petitioner Tyrone Johnson’s pro se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and the response thereto, and after review of the Report and Recommendation of United States Magistrate Judge Henry S. Perkin, to which no objections have been filed, [1] it is ORDERED:

1. The Report and Recommendation (Document 11) is APPROVED and ADOPTED;[2]

2. Johnson’s amended petition for writ of habeas corpus (Document 3) is DISMISSED without prejudice for failure to exhaust state remedies; and

3. A certificate of appealability shall not issue, as Johnson has not demonstrated that reasonable jurists would debate the correctness of this procedural ruling. See 28 U.S.C. § 2253(c)(2); Slack v. McDaniel, 529 U.S. 473, 484 (2000).

The Clerk of Court is DIRECTED to mark this case CLOSED.


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