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16-147 - DEEP v. COURT OF COMMON PLEAS WESTMORELAND COUNTY


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16-147 - DEEP v. COURT OF COMMON PLEAS WESTMORELAND COUNTY
March 17, 2016
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REPORT AND RECOMMENDATION re 4 Petition for Writ of Habeas Corpus filed by RALPH HERBERT DEEP, recommending that the Petition be dismissed pre-service pursuant to Rule 4 of the Rules Governing Section 2254 Cases because the Petition reveals that Petitioner has failed to exhaust his state court remedies given that he has a currently pending PCRA petition in the State Courts attacking the very same convictions that he attacks in the Petition in this Court. Objections to R&R due by 4/4/2016. Signed by Chief Magistrate Judge Maureen P. Kelly on 3/17/2016. A copy of the Report together with this Notice of Electronic Filing are being sent to Petitioner at his address of record. (tmr)
April 11, 2016
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ORDER adopting 5 Report and Recommendation. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE; a certificate of appealability is DENIED. The Clerk shall mark this case CLOSED. Signed by Judge Arthur J. Schwab on 4/11/2016. (eet)