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16-1822 - DRAKE v. COMMONWEALTH OF PENNSYLVANIA


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16-1822 - DRAKE v. COMMONWEALTH OF PENNSYLVANIA
December 19, 2016
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REPORT AND RECOMMENDATION re 3 Petition filed by DEANTE DRAKE, recommending that the Petition, ostensibly filed as a Petition for Writ of Error Coram Nobis be dismissed before being served due to lack of subject matter jurisdiction over the Petition, irrespective of how it is characterized. Objections to R&R due by 1/5/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 12-19-2016. A copy of the Report together with this Notice of Electronic Filing are being sent to Petitioner via first class mail at his address of record. (tmr)
January 23, 2017
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ORDER indicating that 4 Report & Recommendation is adopted as the opinion of the Court and we hereby order that the Petition be dismissed. A certificate of appealability is denied. Signed by Judge Nora Barry Fischer on 1/23/17. (jg) Modified on 1/24/2017. (eca)