Opinion
Civil Action No. 2: 13-CV-01761
01-08-2014
KENNETH SENOSKI, Petitioner, v. COMMONWEALTH OF PENNSYLVANIA, Respondent.
MEMORANDUM ORDER
On December 10, 2013, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1) and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
The magistrate judge filed a Report and Recommendation on December 18, 2013 (ECF No. 5) recommending that the Petition for Writ of Habeas Corpus be summarily dismissed for lack of jurisdiction and that a certificate of appealability be denied. Petitioner was served with the Report and Recommendation at his listed address and was advised that he had until January 6, 2014, to file written objections to the Report and Recommendation. To date, no objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 8th day of January, 2014:
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is summarily DISMISSED for lack of jurisdiction as this is a second or successive petition and Petitioner has not received permission from the United States Court of Appeals for the Third Circuit to file a second or successive petition.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 5) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
__________
Arthur J. Schwab
United States District Judge
cc: KENNETH SENOSKI
DJ8862
PO Box 1000
Houtzdale, PA 16698