Opinion
Civil Action 20-639
01-25-2022
JOSHUWA DZEESHAUGH EVANS-SALTER by Commonwealth Imposed Name Joshua Evans, Petitioner, v. WARDEN OF SCI MAHANOY, DISTRICT ATTORNEY OF ALLEGHENY COUNTY, and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.
CYNTHIA REED EDDY, CHIEF MAGISTRATE JUDGE.
ORDER
ROBERT J. COLVILLE, UNITED STATES DISTRICT JUDGE.
AND NOW, this 25th day of January, 2022, after the Petitioner Joshuwa Dzeeshaugh Evans-Salter, by Commonwealth Imposed Name Joshua Evans, a state prisoner appearing pro se, has filed a petition for a writ of habeas corpus pursuant to 28 U.S.C. § 2254 in which he challenges the validity of his conviction that was obtained at Case No. CP-02-CR-0008840-2007 in the Court of Common Pleas of Allegheny County (ECF No. 4), and after a Report and Recommendation was filed by the United States Chief Magistrate Judge granting the petitioner until January 3, 2022 to file written objections thereto, and after a full consideration of the objections filed by petitioner (ECF No. 18), and upon independent de novo review of the record, Fed.R.Civ.P. 72 (a), (b)(3), 28 U.S.C. Section 636 (b)(1), and upon consideration of the Magistrate Judge's Report and Recommendation (ECF No. 17), which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the petition for a writ of habeas corpus is summarily DISMISSED on the grounds this Court lacks jurisdiction over this second or successive petition, petitioner not having received authorization from the United States Court of Appeals for the Third Circuit to file a second or successive petition.
IT IS FURTHER ORDERED that the certificate of appealability is hereby DENIED.