GREEN v. NISH

Full title: PEDRO GREEN v. JOSEPH P. NISH, et al

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

Date published: Jul 13, 2006

Civil Action No. 06-2210 (E.D. Pa. Jul. 13, 2006)

Opinion

Civil Action No. 06-2210.

July 13, 2006

ORDER

JUAN SANCHEZ, Judge

And now this 13^th day of July, 2006, upon careful and independent review¹ of the Report and Recommendation of Thomas J. Reuter, United States Magistrate Judge, it is hereby

1 Mr. Green's objections to the Report and Recommendation restate his arguments on behalf of his petition for writ of habeas corpus and are not directed to the substance of the Report and Recommendation. Judge Reuter recommends dismissal without prejudice, allowing Mr. Green to exhaust his state remedies by filing a petition for Post Conviction Collateral Relief, 42 Pa.C.S. § 9541 et seq., before December 9, 2006. For that reason, this Court may not address the substance of Mr. Green's claims until the state courts have "an opportunity to address those claims in the first instance." Coleman v. Thompson, 501 U.S. 722, 732 (1991).

ORDERED:

1. The Report and Recommendation APPROVED and ADOPTED;

2. The petition for a writ of habeas corpus is DISMISSED, without prejudice, for failure to exhaust state court remedies; and,

3. No grounds are presented for a certificate of appeal ability.