Opinion
Civil Action No. 10-1141.
December 27, 2010
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1) on June 14, 2010, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings 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 for Magistrate Judges.
On November 17, 2010, the magistrate judge filed a Report and Recommendation (ECF No. 33) recommending that the Petition for Writ of Habeas Corpus be dismissed as a successive 2254 petition for which the Petitioner has not demonstrated the necessary certification from the Court of Appeals for the Third Circuit as required under 28 U.S.C. § 2244(b)(3). Petitioner filed Objections to the Report and Recommendation on November 29, 2010 (ECF Nos. 36, 37, 38 and 39). Petitioner's Objections do not undermine the recommendation of the magistrate judge.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the objections thereto, the following order is entered: AND NOW, this 27th day of December, 2010, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as a successive 2254 petition for which the Petitioner has not demonstrated the necessary certification from the Court of Appeals for the Third Circuit as required under 28 U.S.C. § 2244(b)(3).
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 33) dated November 17, 2010, 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, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.