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05-293 - SHELLEY v. PATRICK et al


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05-293 - SHELLEY v. PATRICK et al
May 15, 2008
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REPORT AND RECOMMENDATION re 3 Petition for Writ of Habeas Corpus filed by BARRY E. SHELLEY, recommending that the petition be denied without prejudice and a certificate of appealability be denied. The respondent is ordered to supplement the response. Objections to R&R due by 6/2/2008. Signed by Judge Keith A. Pesto on 5/15/08. (plp)
May 30, 2008
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MEMORANDUM ORDER that the Petition for a Writ of Habeas Corpus is denied without prejudice. Petitioner may proceed with a habeas corpus petition once the Pennsylvania Superior Court has decided his pending appeal. A certificate of appealability is denied and the Report and Recommendation of Magistrate Judge Pesto (Docket #10) is adopted as the opinion of the Court. Signed by Judge Maurice B. Cohill on 5/29/2008. (sjs)