McCune v. Grace

Full title: MICHAEL McCUNE v. JAMES L. GRACE, et al

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

Date published: Oct 12, 2004

Civil Action No. 04-CV-2077 (E.D. Pa. Oct. 12, 2004)

Opinion

Civil Action No. 04-CV-2077.

October 12, 2004

ORDER

JAMES KELLY, Senior District Judge

AND NOW, this 12^th day of October, 2004, upon careful and independent consideration of the Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254, Respondents' answer thereto, and Petitioner's Traverse, and after review of the Report and Recommendation of United States Magistrate Judge Peter B. Scuderi, to which no objections have been filed, it is ORDERED that:

1. The Report and Recommendation is APPROVED and ADOPTED.

2. The petition filed pursuant to 28 U.S.C. § 2254 is construed as a petition filed pursuant to 28 U.S.C. § 2255.

3. The petition is TRANSFERRED to the Court of Appeals for the Third Circuit.

4. Plaintiff has filed a motion titled "Motion Requesting the United States District Court to Act in the Interests of Justice" in this matter. The motion which is attached hereto is Document No. 11. As this matter is related to Document No. 10, the motion is DISMISSED without prejudice pending the decision of the Court of Appeals for the Third Circuit.