From Casetext: Smarter Legal Research

Abernathy v. Comm'w. of Pennsylvania

United States District Court, E.D. Pennsylvania
Sep 22, 2009
Civil Action No. 07-1898 (E.D. Pa. Sep. 22, 2009)

Opinion

Civil Action No. 07-1898.

September 22, 2009


MEMORANDUM


Prisoner Desmond Lee Abernathy has filed a letter with the court (docket no. 4). In part, the letter seeks to renew Abernathy's petition for habeas corpus, and in part, the letter lodges civil complaints against officers of the Commonwealth of Pennsylvania for damage to his personal property and violations of a "panoply" of provisions of the Interstate Agreement on Detainers.

The petitioner has not cured the defects in his habeas petition that led this court to dismiss it on May 17, 2007 (docket no. 2) and August 7, 2007 (docket no. 3). Accordingly, the court cannot re-examine Abernathy's request for habeas relief.

Insofar as the letter raises new civil claims, I will dismiss them without prejudice. This court cannot entertain his civil rights and property claims as an addition to his original habeas corpus petition. If Abernathy wishes to present civil claims in this court, he will have to file a separate civil complaint. An appropriate order follows.


Summaries of

Abernathy v. Comm'w. of Pennsylvania

United States District Court, E.D. Pennsylvania
Sep 22, 2009
Civil Action No. 07-1898 (E.D. Pa. Sep. 22, 2009)
Case details for

Abernathy v. Comm'w. of Pennsylvania

Case Details

Full title:DESMOND LEE ABERNATHY, Petitioner, v. COMM'W. OF PENNSYLVANIA, et al.…

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

Date published: Sep 22, 2009

Citations

Civil Action No. 07-1898 (E.D. Pa. Sep. 22, 2009)