GANNAWAY v. MARSH et al

State: Pennsylvania

Court: Pennsylvania Eastern District Court

Docket No: 5:2011cv04748

Case Date: 01/27/2012

Plaintiff: GANNAWAY

Defendant: MARSH et al

Preview:IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA SHAKUR D. GANNAWAY, Petitioner, v. ROBERT J. MARSH, et al., Respondents. : : : : : : : : : O R D E R AND NOW, this 26th day of January, 2012, upon consideration of the Report and Recommendation of U.S. Magistrate Judge Rice (ECF No. 8) and Petitioner's letter to the Court (ECF No. 9), it is hereby ORDERED as follows: (1) The Report and Recommendation (ECF No. 8) is APPROVED and ADOPTED; (2) Petitioner's objection to the Report and Recommendation (ECF No. 9) is OVERRULED;1 CIVIL ACTION NO. 11-4748

1

In his letter to the Court, Petitioner objects to dismissal without prejudice of his Habeas Petition because he will be barred from raising his claims in the future. Petitioner has not yet exhausted his claims in state court. The Antiterrorism and Effective Death Penalty Act ("AEDPA") generally requires that a prisoner first exhaust his available remedies in state court. See 28 U.S.C.

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