Opinion
4:21-CV-01989
09-14-2022
JAMEY C. ROBERTSON, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, et al., Respondents.
ORDER
Matthew W. Brann, Chief United States District Judge.
AND NOW, in accordance with the accompanying Memorandum Opinion, IT IS HEREBY ORDERED that:
1. Respondents' motion to dismiss the above captioned petition for writ of habeas corpus for lack of jurisdiction, Doc. 30, is GRANTED. This Court is without jurisdiction at this time to consider the petition in this matter because Petitioner has not “move[d] in the appropriate court of appeals for an order authorizing the district court to consider the application” pursuant to 28 U.S.C. § 2244(B)(3)(A).
2. Petitioner's motion to transfer to the Third Circuit, Doc. 35, is GRANTED.
3. The Clerk of Court is directed to TRANSFER the above captioned action to the United States Court of Appeals for the Third Circuit pursuant to 28 U.S.C. § 1631.
4. Petitioner's motion to dismiss or for summary judgment, Doc. 27, is DISMISSED as moot.
5. The Clerk of Court is directed to mark this matter CLOSED.