Opinion
Civil Action No. 3:16-cv-0261
04-25-2017
cc: JUAN DIONISIO NOBA-ROSARIO, 71441-066 Moshannon Valley Correctional Institution D05 555-1 Geo Drive Phillipsburg, PA 16866 (via U.S. First Class Mail) Michael Comber Michael Ivory U.S. Attorney's Office (via CM/ECF electronic notification)
MEMORANDUM ORDER
Pending before the Court is the Petition for Writ of Habeas Corpus Under 28 U.S.C. § 2241 filed by Petitioner, Juan Dionisio Noba Rosario. (ECF No. 1). The matter was referred to United States Magistrate Judge Cynthia Reed Eddy for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules of Magistrate Judges.
The magistrate judge filed a Report and Recommendation (ECF No. 7) on March 24, 2017, recommending that the Petition for Writ of Habeas Corpus be denied. Petitioner was served with the Report and Recommendation at his listed address and was advised that he had until April 13, 2017, to file written objections to the Report and Recommendation. To date, no objections have been filed nor has Petitioner sought an extension of time in which file objections.
After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 25th day of April, 2017:
IT IS ORDERED that the instant petition for writ of habeas corpus is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation filed March 24, 2017 (ECF No. 7) is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that, pursuant to Federal Rule of Appellate Procedure 4(a)(1)(B), Petitioner has sixty (60) days after judgment is entered to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Federal prisoner appeals from the denial of a Section 2241 habeas proceeding are not governed by the certificate of appealability requirement. See United States v. Cepero, 224 F.3d 256, 264-65 (3d Cir. 2000) (en banc), abrogated on other grounds by Gonzalez v. Thaler, 132 S.Ct. 641 (2012). Therefore, Petitioner need not apply for one with this Court or with the Court of Appeals for the Third Circuit before filing an appeal from the denial of his habeas petition.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
/s/_________
Kim R. Gibson
United States District Judge cc: JUAN DIONISIO NOBA-ROSARIO, 71441-066
Moshannon Valley Correctional Institution
D05
555-1 Geo Drive
Phillipsburg, PA 16866
(via U.S. First Class Mail)
Michael Comber
Michael Ivory
U.S. Attorney's Office
(via CM/ECF electronic notification)