Gregory Brown v. Michael Holman, Warden of Erie County Prison, and District Attorney of Erie County

W.D. Pennsylvania

Gregory Brown v. Michael Holman, Warden of Erie County Prison, and District Attorney of Erie County

DecidedDecember 2, 2025

Docket1:25-cv-00053

StatusUnknown

This text of Gregory Brown v. Michael Holman, Warden of Erie County Prison, and District Attorney of Erie County (Gregory Brown v. Michael Holman, Warden of Erie County Prison, and District Attorney of Erie County) is published on Counsel Stack Legal Research, covering District Court, W.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Gregory Brown v. Michael Holman, Warden of Erie County Prison, and District Attorney of Erie County, (W.D. Pa. 2025).

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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) 2

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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) 2

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Gregory Brown v. Michael Holman, Warden of Erie County Prison, and District Attorney of Erie County, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gregory-brown-v-michael-holman-warden-of-erie-county-prison-and-district-pawd-2025.

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