Villanueva v. Luther

Full title: JUAN M. VILLANUEVA, Petitioner, v. SUPERINTENDENT LUTHER, DISTRICT…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA

Date published: May 20, 2016

No. 2:16-cv-1043 (E.D. Pa. May. 20, 2016)

Opinion

No. 2:16-cv-1043

05-20-2016

JUAN M. VILLANUEVA, Petitioner, v. SUPERINTENDENT LUTHER, DISTRICT ATTORNEY OF THE COUNTY OF HARRISBURG, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

JOSEPH F. LEESON, JR. United States District Judge

ORDER
Report and Recommendation, ECF No. 5 - Adopted in Part

AND NOW, this 20^th day of May, 2016, for the reasons set forth in the Memorandum issued this date, IT IS HEREBY ORDERED THAT:

1. The Report and Recommendation, ECF No. 5, is ADOPTED in part, as provided in the accompanying Memorandum;

2. The Petition for Writ of Habeas Corpus, ECF No. 1, is TRANSFERRED to the United States District Court for the Middle District of Pennsylvania;

3. There is no basis for the issuance of a certificate of appealability, see Bell v. Kinston Rehab. Ctr., No. 11-41, 2011 U.S. Dist. LEXIS 11531, at *2 (D. Del. Feb. 7, 2011) (Schiller, J.) (concluding that there was no basis for the issuance of a certificate of appealability after dismissing the § 2254 petition for lack of jurisdiction); and

4. The Clerk of Court shall CLOSE this case.

BY THE COURT:

/s/ Joseph F . Leeson, Jr.

JOSEPH F. LEESON, JR.

United States District Judge