Gorrio v. Dauphin Cnty. Prison

Full title: MICHAEL GORRIO, Petitioner v. DAUPHIN COUNTY PRISON, Respondent

Court: United States District Court, Middle District of Pennsylvania

Date published: Aug 31, 2022

1:22-cv-00703 (M.D. Pa. Aug. 31, 2022)

Opinion

1:22-cv-00703

08-31-2022

MICHAEL GORRIO, Petitioner v. DAUPHIN COUNTY PRISON, Respondent

Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

ORDER

Yvette Kane, District Judge United States District Court Middle District of Pennsylvania

AND NOW, on this 31st day of August 2022, upon consideration of the petition for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2241 (Doc. No. 1), and for the reasons that are set forth in the accompanying Memorandum, IT IS ORDERED THAT:

1. Petitioner's motion for leave to proceed in forma pauperis (Doc. No. 6) is GRANTED, and the petition (Doc. No. 1) is DEEMED filed;

2. Petitioner's other motion for leave to proceed in forma pauperis (Doc. No. 2) is DENIED as moot;

3. The petition (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. This dismissal is without prejudice to Petitioner's right to pursue a civil rights action;

4. A certificate of appealability SHALL NOT ISSUE; and

5. The Clerk of Court is directed to CLOSE this case.