The opinion
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GREGORY BROWN, )
)
Petitioner, )
)
v. ) 1:25cv53
) Electronic Filing
MICHAEL HOLMAN, Warden of Erie )
County Prison, and )
DISTRICT ATTORNEY OF ERIE )
COUNTY, )
)
Respondents. )
MEMORANDUM ORDER
Petitioner Gregory Brown (“Petitioner”) commenced this habeas corpus proceeding on
February 21, 2025. The case was referred to United States Magistrate Judge Maureen P. Kelly
for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1),
and Local Rules of Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 18) filed on June 24,
2025, recommended that the petition be denied without prejudice to filing a civil rights
complaint and that a certificate of appealability be denied. Petitioner was informed that
objections to the Report and Recommendation were due by July 11, 2025. No objections have
been filed.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this 2nd day of December, 2025,
IT IS ORDERED that [11] the Petition for Habeas Corpus be, and the same hereby is,
appealability be, and the same hereby is, denied. Reasonable jurists would not debate the court's
decision. See Bracey v. Superintendent Rockview SCI, 986 F.3d 274, 282 (3d Cir. 2021); and
IT FURTHER IS ORDERED that [15] petitioner's motion for release be, and the same
hereby is, denied without prejudice to petitioner commencing a civil rights action in accordance
with the applicable Rules of Civil Procedure. The [12] Report and Recommendation of
Magistrate Judge Kelly dated July 11, 2025, is adopted as the opinion of the Court.
s/David Stewart Cercone
David Stewart Cercone
Senior United States District Judge
cc: The Honorable Maureen P. Kelly
United States Magistrate Judge
(Via CM/ECF Electronic Mail)
Gregory Brown
2020-000188
Washington County Jail
100 W. Cherry Avenue
Washington, PA 15301
(Via United States Postal Service mail)
Counsel of record
(Via CM/ECF electronic mail)
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