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Harper v. Farrell

United States District Court, E.D. Pennsylvania

June 10, 2014

MAURICE HARPER
v.
M. FARRELL, et al.

ORDER

JUAN R. SNCHEZ, District Judge.

AND NOW, this 10th day of June, 2014, upon careful and independent consideration of Petitioner Maurice Harper's pro se Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 and Defendants' response thereto, and after de novo review of the Report and Recommendation of United States Magistrate Judge David R. Strawbridge and Harper's objections thereto, it is ORDERED:

1. Harper's objections to the Report and Recommendation (Document 15) are OVERRULED;[1]

2. The Report and Recommendation (Document 14) is APPROVED and ADOPTED;

3. Anderson's petition for writ of habeas corpus (Document 1) is DISMISSED without prejudice for failure to exhaust state remedies; and

4. A certificate of appealability shall not issue, as Anderson 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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