Opinion
Civil Action No. 17-662
11-16-2017
GEORGE R. DURHAM, Petitioner, v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, et al., Respondents.
Magistrate Judge Robert C. Mitchell MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Robert C. Mitchell for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 and Local Rule of Civil Procedure 72.
On September 28, 2017, the Magistrate Judge issued a Report (Doc. 10) recommending that Petitioner George R. Durham's Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b) (Doc. 9) be dismissed as being without a jurisdictional basis. The Report and Recommendation was served on the parties, and Petitioner has filed Objections. See Doc. 11.
After a de novo review of the pleadings and documents in the case, the procedural history of Petitioner's related actions, the Report and Recommendation, and the Objections thereto, the Court finds that it lacks jurisdiction to review the decision of the United States Court of Appeals for the Third Circuit denying Petitioner's application to file a second habeas corpus petition. Accordingly, the following Order is entered:
Petitioner's Rule 60(b) Motion (Doc. 9) for relief from a judgment of the Court of Appeals for the Third Circuit denying Petitioner's application to file a second habeas corpus petition is DISMISSED WITH PREJUDICE as lacking a jurisdictional basis. The Magistrate Judge's Report and Recommendation is hereby adopted as the Opinion of the District Court.
IT IS SO ORDERED. November 16, 2017
s/Cathy Bissoon
Cathy Bissoon
United States District Judge cc (via ECF email notification): All counsel of record cc (via First-Class, U.S. Mail): GEORGE R. DURHAM
HN-4394
SCI Fayette
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