WILSON v. KANE et al

Filing 3

ORDER THAT THE PETITION IS DISMISSED WITH PREJUIDICE AND WITHOUT A HEARING. I FURTHER ORDER THAT NO CERTIFICATE OF APPEALABILITY WILL BE ISSUED; THE CLERK OF COURT IS HEREBY DIRECTED TO MARK THIS CASE CLOSED.. SIGNED BY HONORABLE J. WILLIAM DITTER, JR ON 10/5/15. 10/6/15 ENTERED AND COPIES MAILED PRO SE PETITIONER AND 1 COPY TO LEGAL BIN.(pr, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA

TODD A. WILSON
Petitioner
v.
RAYMOND LAWLER, et al.
Respondents

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CIVIL ACTION

No. 15-5375

MEMORANDUM AND ORDER
AND NOW, this 5th day of October 2015, having considered the pro se petition for
a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by Todd A. Wilson, I make the
following findings and reach the following conclusions:
1.

Wilson is a state prisoner currently incarcerated in the Camp Hill State
Correctional Institution in Pennsylvania. He is serving a sentence of 22 to
47 years of imprisonment for a 2005 conviction arising from crimes related
to the armed robbery of a grocery store owner.

2.

On September 23, 2009, Petitioner filed a habeas corpus petition in this
court seeking relief from his 2005 state court conviction. I denied that
petition on August 17, 2011. The United States Court of Appeals for the
Third Circuit denied Wilson’s request for a certificate of appealability on
January 19, 2012.

3.

In the instant habeas petition, Wilson argues that new evidence establishes
his actual innocence of the crimes for which he was convicted in 2005.
However, his petition is not properly before me. The Antiterrorism and
Effective Death Penalty Act of 1996 (“AEDPA”) provides that before a
second or successive petition is filed in the district court, the prisoner must
first move in the appropriate circuit court for an order authorizing the district
court to consider the petition. 28 U.S.C. 2244(b)(3)(A); see also In re
Minarik, 166 F.3d 591, 609 (3d Cir. 1999). Wilson has not received
authorization from the Third Circuit Court of Appeals to file a successive
habeas petition related to the instant conviction. As a result, his habeas
petition must be dismissed.

Based upon the foregoing, I HEREBY ORDER that the petition is DISMISSED
WITH PREJUDICE AND WITHOUT A HEARING.
I FURTHER ORDER that no certificate of appealability will be issued pursuant to
28 U.S.C. § 2253 because Petitioner has failed to make a substantial showing of a denial
of a constitutional right.
The Clerk of Court is hereby directed to mark this case closed.

/s J. William Ditter, Jr.
J. WILLIAM DITTER, JR., J.

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