Abernathy v. Commonwealth

Full title: DESMOND ABERNATHY, Petitioner v. THE COMMONWEALTH OF PENNSYLAVANIA…

Court: United States District Court, E.D. Pennsylvania

Date published: Apr 6, 2022

Civil Action 21-1785 (E.D. Pa. Apr. 6, 2022)

Opinion

Civil Action 21-1785

04-06-2022

DESMOND ABERNATHY, Petitioner v. THE COMMONWEALTH OF PENNSYLAVANIA, Respondent

GENE E.K. PRATTER, United States District Judge.

ORDER

GENE E.K. PRATTER, United States District Judge.

AND NOW, this 5^th day of April, 2022, upon consideration of the Petitioner Desmond Abernathy's Petition for Writ of Habeas Corpus (Doc. No. 1), Mr. Abernathy's Amended Petition (Doc No. 5), Mr, Abernathy's Motion to Vacate and Void the state court judgment (Doc. No. 6), United States Magistrate Judge Henry Perkin's Report and Recommendation (Doc. No. 12), and Mr. Abernathy's Objections (Docs. No. 13, 14), it is hereby ORDERED that:

1. The Report and Recommendation (Doc. No. 12) is APPROVED and ADOPTED;

2. Mr. Abernathy's Petition for Writ of Habeas Corpus (Docs. No. 1, 5) is DISMISSED WITHOUT PREJUDICE for failure to exhaust;

3. There is no probable cause to issue a certificate of appealability;

4. Mr. Abernathy's Motion to Vacate and Void the state court judgment (Doc. No. 6) is DENIED; and

5. The Clerk of Court shall mark this case CLOSED for all purposes, including statistics.