Opinion
3:23-cv-317-SLH-KAP
04-02-2024
MICHAEL L. ROSEBAR, Petitioner v. MICHAEL UNDERWOOD, WARDEN, F.C.I. LORETTO, et al., Respondents
MEMORANDUM ORDER
KEITH A. PESTO, UNITED STATES MAGISTRATE JUDGE
Petitioner's “Motion to be Release[d] Pursuant to 28 U.S.C.§ 2254(d)(1) and (2)”, ECF no. 7, is denied. Petitioner cannot file a habeas petition within a habeas petition and, since he is a federal prisoner, his implicit claim that jurisdiction exists under Section 2254 is incorrect in any case.
My recommendation that petitioner's underlying petition be dismissed as an abuse of the writ is pending. Petitioner has objections pending to that recommendation. Since this is a ruling on a nondispositive motion, the petitioner can also appeal this ruling to the court pursuant to 28 U.S.C.§ 636(b)(1).
Notice to counsel by ECF and by U.S. Mail to:
Michael Lawrence Rosebar, Reg. No. 34802-016
F. C. I. Loretto
P.O. Box 1000
Cresson, PA 16630