IN RE: REAVES

Filing 15

ORDER THAT PETITIONER'S OBJECTIONS ARE OVERRULED. THE REPORT AND RECOMMENDATION OF MAGISTRATE JUDGE HART IS APPROVED AND ADOPTED. THE PETITION FOR A WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE, ETC. THE CLERK SHALL MARK THIS CASE CLOSED FOR STATISTICAL PURPOSES.. SIGNED BY HONORABLE WILLIAM H. YOHN, JR ON 3/22/12. 3/23/12 ENTERED AND COPIES MAILED TO PRO SE AND E-MAILED TO COUNSEL.(lvj, )

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CIVIL ACTION

REGINALD REAVES
vs.
COMMONWEALTH OF
PENNSYLVANTA, ET At.

: NO. l1cv5205
QRDER
~---

AND NOW, this

z.2....

day of March, 2012, upon careful and independent

consideration of the Petition for a Writ of Habeas Corpus filed pursuant to 28 U.S ,C. § 2254, and
after review ofthe Report and Recommendation of United States Magistrate Judge Jacob P. Hart,
and consideration of petitioner's objections to the Report and Recommendation, IT IS HEREBY

ORDERED that:
1. Petitioner's objections are OVERRULED.
2.

The Report and Recommendation of Magistrate Judge Jacob p, Hart is

APPROVED and ADOPTED.
3. The petition for a writ of habeas corpus tiled pursuant to 28 U,S.C, § 2254 is

DISMISSED without prejudice to the right of the petitioner to apply to the U.S. Court of Appeals
for the Third Circuit for an order authorizing this court to consider a second or successive petition
for writ of habeas corpus. I See 28 U.S.C. § 2244(b )(3)(A).

IMagistrate Judge Hart correctly recommended that the court dismiss the petition for writ
of habeas corpus because it is a second or successive petition and the petitioner has not obtained
the necessary consent from the U.S, Court of Appeals for the Third Circuit for the filing of a
second or successive petition. To the extent that the court can read the petitioner's largely
unintelligible objections, it tinds that the petitioner has not responded or objected in any way to
that recommendation. The court concludes that the recommendation of the magistrate judge is
correct, but dismisses the petition without prejudice so that he can seek approval from the Court
of Appeals for an order authorizing this court to consider his petition on the merits.

4. The clerk shall mark this case CLOSED FOR STATISTICAL PURPOSES.