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Kellam v. Kerestes

United States District Court, E.D. Pennsylvania

May 18, 2015

KAREEM KELLAM, Petitioner,
v.
SUPERINTENDENT KERESTES, et al., Respondent.

ORDER

CYNTHIA M. RUFE, District Judge.

AND NOW, this 18th day of May 2015, upon careful and independent consideration of the Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. ยง 2254, all memoranda and exhibits in support of habeas corpus, the Respondents' response thereto, and the entire record in this case, and upon review of the Report and Recommendation ("R&R") of United States Magistrate Henry S. Perkins [Doc. No. 14], which recommends denying the Petition without prejudice, and having reviewed de novo the grounds on which Petitioner objected, and for the reasons set forth in the thorough and well-reasoned R&R, it is hereby ORDERED that:

1. Petitioner's objections are OVERRULED;[1]
2. The R&R is APPROVED and ADOPTED for the reasons stated therein;
3. The Petition for Writ of Habeas Corpus by a Person in State Custody is DENIED without prejudice to Petitioner's ability to re-file the Petition following exhaustion of all of Petitioner's claims on state collateral review;
4. A Certificate of Appealability SHALL NOT ISSUE.[2]

The Clerk of Court is directed to CLOSE this case.

It is so ORDERED.


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