Diaz v. Briggs

Full title: ERIC DIAZ, Petitioner v. GREGORY BRIGGS, et al., Respondent

Court: United States District Court, Middle District of Pennsylvania

Date published: Oct 5, 2022

1:21-cv-1085 (M.D. Pa. Oct. 5, 2022)

Opinion

1:21-cv-1085

10-05-2022

ERIC DIAZ, Petitioner v. GREGORY BRIGGS, et al., Respondent

Sylvia H. Rambo, United States District Judge.

ORDER

Sylvia H. Rambo, United States District Judge.

AND NOW, on this 5th day of October 2022, for the reasons set forth in the accompanying memorandum, IT IS ORDERED THAT:

1. Petitioner's motion for reconsideration (Doc. No. 32) is GRANTED IN PART AND DENIED IN PART;

2. The court's August 24, 2022 memorandum and order (Doc. Nos. 2829) denying petitioner's petition for writ of habeas corpus are VACATED;

3. The petition for writ of habeas corpus (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for failure to exhaust state court remedies;

4. A certificate of appealability shall not issue; and

5. This case shall remain closed.