STANSBURY v. COMMONWEALTH, 14-6500 (2015)
Court: District Court, E.D. Pennsylvania
Number: infdco20151224a81
Visitors: 8
Filed: Dec. 22, 2015
Latest Update: Dec. 22, 2015
Summary: ORDER LAWRENCE F. STENGEL , District Judge . AND NOW , this 21st day of December, 2015, upon consideration of the petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, and after review of the well-reasoned Report and Recommendation of the Honorable Richard A. Lloret, United States Magistrate Judge, IT IS HEREBY ORDERED that: 1. Upon de novo review, the petitioner's Objections are OVERRULED. 1 2. The Report and Recommendation is APPROVED AND ADOPTED. 3. The petition for w
Summary: ORDER LAWRENCE F. STENGEL , District Judge . AND NOW , this 21st day of December, 2015, upon consideration of the petition for writ of habeas corpus pursuant to 28 U.S.C. 2241, and after review of the well-reasoned Report and Recommendation of the Honorable Richard A. Lloret, United States Magistrate Judge, IT IS HEREBY ORDERED that: 1. Upon de novo review, the petitioner's Objections are OVERRULED. 1 2. The Report and Recommendation is APPROVED AND ADOPTED. 3. The petition for wr..
More
ORDER
LAWRENCE F. STENGEL, District Judge.
AND NOW, this 21st day of December, 2015, upon consideration of the petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, and after review of the well-reasoned Report and Recommendation of the Honorable Richard A. Lloret, United States Magistrate Judge, IT IS HEREBY ORDERED that:
1. Upon de novo review, the petitioner's Objections are OVERRULED.1
2. The Report and Recommendation is APPROVED AND ADOPTED.
3. The petition for writ of habeas corpus is DISMISSED without prejudice as prematurely filed.
4. There is no probable cause to issue a certificate of appealability because the petitioner has not made a substantial showing of the denial of a constitutional right.
5. The petitioner's motions for summary judgment (Documents #5 and 11), claiming a failure of the respondents to respond to his petition, are DENIED.
The Clerk of Court is directed to mark this case CLOSED for statistical purposes.
FootNotes
1. Contrary to the petitioner's objections (Document #22), this petition is premature. As noted by Judge Lloret, the petitioner is scheduled to be tried in January 2016. The petitioner may seek habeas review should he be convicted of the charges filed against him, and only after the conviction is final. Accordingly, I will approve and adopt the Report and Recommendation.
Source: Leagle
