Marten v. Brooks

Full title: JEFFREY MARTEN Petitioner, v. MARILYN BROOKS, Superintendent, THE DISTRICT…

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

Date published: Oct 24, 2007

CIVIL ACTION NO. 07-1063 (E.D. Pa. Oct. 24, 2007)

Opinion

CIVIL ACTION NO. 07-1063.

October 24, 2007

ORDER

JAN DuBOIS, District Judge

AND NOW, this 23^rd day of October, 2007, upon careful and independent consideration of the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by petitioner, Jeffrey Marten, the Response to Petition for Writ of Habeas Corpus, and Petitioner's Response to Respondents' Answer, and after review of the Report and Recommendation of United States Magistrate Judge Arnold C. Rapoport dated September 27, 2007, the Court noting that no Objections were filed, IT IS ORDERED as follows:

1. The Report and Recommendation of United States Magistrate Judge Arnold C. Rapaport dated September 27, 2007, is APPROVED and ADOPTED;

2. The Petition for Writ of Habeas Corpus under 28 U.S.C. § 2254 filed by petitioner, Jeffrey Marten, is DISMISSED WITHOUT PREJUDICE and without an evidentiary hearing, so as to permit petitioner to fully exhaust his Post-Conviction Relief Act proceedings in state court; and,

3. A certificate of appealability will not issue on the ground that petitioner has not made a substantial showing of a denial of a constitutional right as required under 28 U.S.C. § 2253(c)(2).