Mill v. Kelchner

Full title: BOB MILL a/k/a "Mr. Thomas Moore" v. DONALD L. KELCHNER, et al

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

Date published: May 9, 2007

CIVIL ACTION NO. 06-5083 (E.D. Pa. May. 9, 2007)

Opinion

CIVIL ACTION NO. 06-5083.

May 9, 2007

MEMORANDUM

ROBERT KELLY, Senior District Judge

On April 20, 2007, a Report and Recommendation was filed in the above-captioned case recommending dismissal without prejudice for failure of the petitioner to comply with the exhaustion requirements of 28 U.S.C. § 2254(b)(1)(A). On May 7, 2007, this pro se petitioner filed a motion for summary judgment which we shall treat as exceptions to the Report and Recommendation.

The motion filed by petitioner merely re-states the grounds already alleged in the original petition and will therefore be denied.

We therefore enter the following Order.

ORDER

AND NOW, this 9th day of May, 2007, upon careful and independent consideration of the petition for writ of habeas corpus, and after review of the Report and Recommendation of United States Magistrate Judge Elizabeth T. Hey, IT IS ORDERED that:

1. Petitioner's objections to the Report and Recommendation styled as a Motion for Summary Judgment (Doc. No. 19) is hereby DENIED.

2. The Report and Recommendation is APPROVED and ADOPTED.

3. The petition for a writ of habeas corpus is DISMISSED without prejudice.

4. There is no basis for the issuance of a certificate of appealability.