Hamilton v. Smith

Full title: ZAKEE HAMILTON, Petitioner, v. BARRY SMITH and THE ATTORNEY GENERAL OF THE…

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

Date published: Jul 7, 2022

Civil Action 22-1755 (E.D. Pa. Jul. 7, 2022)

Opinion

Civil Action 22-1755

07-07-2022

ZAKEE HAMILTON, Petitioner, v. BARRY SMITH and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

EDWARD G. SMITH, J.

ORDER

EDWARD G. SMITH, J.

AND NOW, this 7th day of July, 2022, after considering the petition for a writ of habeas corpus under 28 U.S.C. § 2254 (Doc. No. 1), motion to stay and abey (Doc. No. 5), and notice of election (Doc. No. 6) filed by the pro se petitioner, Zakee Hamilton; and for the reasons set forth in the separately filed memorandum opinion, it is hereby ORDERED as follows:

1. The motion to stay and abey (Doc. No. 5) is DENIED;

2. The petition for a writ of habeas corpus (Doc. No. 1) is DISMISSED WITHOUT PREJUDICE;

3. The court DECLINES to issue a certificate of appealability; and

4. The clerk of court shall mark this matter as CLOSED.