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Drabovskiy v. Warden, Fci-Allenwood

United States District Court, M.D. Pennsylvania
Dec 29, 2010
CIVIL ACTION NO. 4:10-CV-2226 (M.D. Pa. Dec. 29, 2010)

Opinion

CIVIL ACTION NO. 4:10-CV-2226.

December 29, 2010


ORDER


Because Petitioner filed a similar petition on August 31, 2010, Civil Action No. 4:10-CV-1830; and

Because Magistrate Judge Carlson carefully reviewed the abovecaptioned action and determined it suffers from the same deficiencies as the previously filed petition in addition to being an unauthorized successive petition (Doc. 4); and

Petitioner's assertion that Magwood v. Patterson, 130 S. Ct. 2788 (2010), supports this habeas petition because "[t]he limitations on a second or successive petition imposed by 28 USC 2244(b) apply only to the habeas corpus applications under 28 USC 2254" (Doc. 7 at 4), is unavailing in that the instant petition is barred by 28 U.S.C. § 2244(a). See Graham v. Warden of FCI Allenwood, 348 F. App'x 706, 707 (3d Cir. 2009) (not precedential); see also Queen v. Miner, 530 F.3d 253, 255 (3d Cir. 2008).

Because Petitioner filed a document we construe as objections to the Report and Recommendation, i.e., Petitioner's "Answer to the Magistrate's Report and Recommendation" (Doc. 5); and

Because the Court has performed the de novo review required when objections to the Report and Recommendation are filed, see 28 U.S.C. § 636(b)(1); and

Because we conclude Petitioner's objections are without merit; and

Because Petitioner's "Motion" adding case support to his Petition (Doc. 7) does not lead to a different conclusion,

NOW, THEREFORE, THIS 29th DAY OF DECEMBER 2010, IT IS HEREBY ORDERED THAT:

1. Magistrate Judge Carlson's Report and Recommendation (Doc. 4) is adopted;
2. The Petition for Writ of Habeas Corpus (Doc. 1) is DENIED without prejudice; and
3. The Clerk of Court is directed to close this case.


Summaries of

Drabovskiy v. Warden, Fci-Allenwood

United States District Court, M.D. Pennsylvania
Dec 29, 2010
CIVIL ACTION NO. 4:10-CV-2226 (M.D. Pa. Dec. 29, 2010)
Case details for

Drabovskiy v. Warden, Fci-Allenwood

Case Details

Full title:AKOV DRABOVSKIY, Petitioner, v. WARDEN, FCI-ALLENWOOD, Respondent

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

Date published: Dec 29, 2010

Citations

CIVIL ACTION NO. 4:10-CV-2226 (M.D. Pa. Dec. 29, 2010)

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