Opinion
3:23-cv-261-KAP
02-28-2024
JAIME BALLESTEROS, Petitioner v. ICE/DHS and WARDEN of F.C.I. LORETTO, Respondents
REPORT AND RECOMMENDATION
KEITH A. PESTO, UNITED STATES MAGISTRATE JUDGE
Recommendation
Petitioner Ballesteros filed a Petition for a writ of habeas corpus pursuant to 28 U.S.C.§ 2241 at ECF no. 3. Pursuant to 28 U.S.C.§ 2243, I recommend that the petition be dismissed without prejudice as explained below.
Report
I am submitting this as a Report and Recommendation because preservice dismissal is appropriate and it would be wasteful to serve the matter to determine whether all parties would consent to my jurisdiction. This is a habeas petition that is redundant to the one at Case No. 3:23-cv-250-KAP. There is no good reason to waste judicial time on two petitions making the same claim and seeking the same relief.
Pursuant to 28 U.S.C.§ 636(b)(1), parties are given notice that they have fourteen days to file written objections to this Report and Recommendation. Parties are advised that in the absence of timely and specific objections any appeal would be severely hampered or entirely defaulted. See EEOC v. City of Long Branch, 866 F.3d 93, 100 (3d Cir.2017)(describing standard of appellate review when no timely and specific objections are filed as limited to review for plain error).
Notice by U.S. Mail to:
Jaime Ballesteros, Reg. No. 46784-380
F.C.I. Loretto
P.O. Box 1000
Cresson, PA 16630