Opinion
Civil Action No. 03-6070 (PBT).
July 23, 2004
ORDER
AND NOW, this ____ day of July, 2004, upon careful and independent consideration of the pleadings and record herein, and after review of the Report and Recommendation ("RR") of the United States Magistrate Judge Jacob P. Hart (Doc. 17), Petitioner's Objections and additional submissions (Docs. 19, 22, 25-27), and Respondents' Response to Petitioner's Objections (Doc. 24),
IT IS HEREBY ORDERED AND DECREED:
1. The Report and Recommendation is APPROVED and ADOPTED;
Petitioner's federal habeas petition includes unexhausted claims which must first be presented before the Pennsylvania courts before consideration by a federal court. Under Pennsylvania's Post-Conviction Relief Act ("PCRA"), Petitioner has until January 12, 2005, in which to file a PCRA petition in the Court of Common Pleas. See RR at 7.
2. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; and
3. A Certificate of Appealability is not granted.