United States District Court, E.D. Pennsylvania
December 4, 2014
COMMONWEALTH OF PA., et al.
L. FELIPE RESTREPO, District Judge.
AND NOW, this 3rd day of December, 2014, upon consideration of the Petition for Writ of Habeas Corpus, the Report and Recommendation ("R&R") of United States Magistrate Judge Henry S. Perkin recommending denial and dismissal of the habeas petition without prejudice, and petitioner's Objections to Judge Perkin's R&R, it is hereby ORDERED that:
1. Petitioner's Objections (ECF Document 7) are OVERRULED;
2. Judge Perkin's Report and Recommendation (Doc. 5) is APPROVED and ADOPTED;
3. The habeas petition (Doc. 1) is DENIED and DISMISSED, w/o prejudice;
4. A Certificate of Appealability shall not issue in that a reasonable jurist could not conclude that it would be improper for this Court to dismiss the petition without prejudice.