Legal Opinion

Berry v. Kauffman

District Court, E.D. Pennsylvania

Decided September 23, 2016No. CIVIL ACTION NO. 14-3130PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM OPINION

Rufe, Judge.

Petitioner seeks relief in this Court pursuant to 28 U.S.C. § 2254, arguing that his state-court conviction was imposed in violation of the United States Constitution. Magistrate Judge Elizabeth T. Hey issued a Report and Recommendation (“R&R”) recommending that the petition be dismissed for lack of jurisdiction, to which Petitioner filed objections. For the following reasons, Petitioner’s objections will be overruled and the petition for writ of habe-as corpus will be dismissed without prejudice for lack of jurisdiction.

I. PROCEDURAL HISTORY

Petitioner is…

2Cases cited10 opinions

  1. Rose v. LundySupreme Court of the United States · 1982
  2. Gonzalez v. CrosbySupreme Court of the United States · 2005
  3. Magwood v. PattersonSupreme Court of the United States · 2010
  4. Eric Robinson v. Philip L. Johnson the District Attorney of the County of Philadelphia the Attorney General of the State of Pennsylvania, Mike FisherCourt of Appeals for the Third Circuit · 2002
  5. Robert Benchoff v. Raymond ColleranCourt of Appeals for the Third Circuit · 2005

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3Cited by2 opinions

  1. GIBSON v. BEARDDistrict Court, E.D. Pennsylvania · 2019
  2. HOGAN v. GILLISDistrict Court, E.D. Pennsylvania · 2022

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