ABBOTT v. PA DEPT. OF CORRECTIONS

Full title: DOMINIC JOSEPH ABBOTT, Petitioner v. PA DEPT. OF CORRECTIONS, Commonwealth…

Court: United States District Court, W.D. Pennsylvania

Date published: Jun 28, 2007

Civil Action No. 06-1451 (W.D. Pa. Jun. 28, 2007)

Opinion

Civil Action No. 06-1451.

June 28, 2007

ORDER

NORA FISCHER, District Judge

AND NOW, this 28^th day of June, 2007, after the petitioner, Dominic Joseph Abbott, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

IT IS HEREBY ORDERED that the Section 2254 habeas petition is dismissed without prejudice because Petitioner has failed to exhaust state court remedies;

IT IS FURTHER ORDERED that a certificate of appealability is denied.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.