Summary
adopting a report and recommendation dismissing the petitioner's Section 2254 petition as premature where, as here, the petitioner's PCRA claim was concurrently seeking allowance of appeal before the Supreme Court of Pennsylvania
Summary of this case from Stultz v. BarkleyOpinion
CIVIL ACTION NO. 07-4720.
January 30, 2008
ORDER
AND NOW, this 29th day of January, 2008, upon careful and independent consideration of the Petition for Writ of Habeas Corpus, and after review of the Report and Recommendation of United States Magistrate Judge Linda K. Caracappa, and the objections filed by Petitioner, it is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
2. The Petition for Writ of Habeas Corpus is DENIED without prejudice.
3. There is no probable cause to issue a certificate of appealability.
4. The Clerk of Court shall mark this case CLOSED for statistical purposes.