Opinion
3:07-cv-122
09-01-2023
MICHAEL FRANCISCO DAY, Petitioner, v. SCOTT KLINEFELTER, SUPERINTENDENT S.C.I. HOUTZDALE, Respondent.
MEMORANDUM ORDER
KIM R. GIBSON, UNITED STATES DISTRICT JUDGE
This matter is before Magistrate Judge Keith A. Pesto for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636, and Local Civil Rule 72.
On January 17, 1996, petitioner Michael Day ("Petitioner") was sentenced in the Allegheny County Court of Common Pleas to a life term of imprisonment. See Commw. of Pa. v. Michael Day, CP-02-CR-0007519-1995; Commw. of Pa. v. Michael Day, CP-02-CR-0007522-1995. On May 25, 2007, Petitioner filed a petition in this Court for a writ of habeas corpus. (ECF No. 3). On October 27, 2008, the Court denied this petition and declined to issue a certificate of appealability. (ECF No. 19). Then, on July 3, 2023, Petitioner filed a "Rule 60(b) Motion" seeking to invalidate his underlying state court convictions. (See ECF No. 34) (identifying evidence that "would entitle [his] convictions to be vacated").
On July 7, 2023, Magistrate Judge Pesto entered a Report & Recommendation ("R&R") recommending that the Court deny without prejudice Petitioner's motion at ECF No. 34 as a successive habeas corpus petition filed without authorization from the United States Court of Appeals for the Third Circuit. (ECF No. 36). The Magistrate Judge also recommended that a certificate of appealability not issue because jurists of reason would not debate the correctness of the Court's denial of this unauthorized petition. (Id. at 3). Lastly, the Magistrate Judge noted that the parties would have fourteen days to file written objections to the R&R in accordance with 28 U.S.C. §§ 636(b)(1)(B) and (C), and Local Civil Rule 72.D.2. (Id.). As an unregistered ECF user, Petitioner had until July 24, 2023, to file objections thereto. (See generally id.).
Neither party filed written objections to the R&R, timely or otherwise. Accordingly, upon reasoned consideration of the above filings, see EEOC v. City of Long Branch, 866 F.3d 93, 99-100 (3d Cir. 2017), the following order is entered:
AND NOW, this 1st day of September 2023, IT IS HEREBY ORDERED that Magistrate Judge Pesto's R&R at ECF No. 36 is ADOPTED as the Opinion of the Court for its reasoning and conclusion.
IT IS FURTHER ORDERED that Petitioner's filing at ECF No. 34 is DENIED WITHOUT PREJUDICE. No certificate of appealability shall issue.
Notice by U.S. mail to:
Michael Francisco Day
CX-7073
SCI HOUTZDALEP.O. Box 1000
209 Institution Drive
Houtzdale, PA 16698-1000