WELLS v. VARNER

Filing 5

ORDERED THAT: 1. THE PETITION FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF BASED ON VIOLATION OF DUE PROCESS, DOCUMENTS/EVIDENCE THAT WAS USED TO CONVICT AND SENTENCE PETITIONER TO A LIFE SENTENCE AND CONTINUES TO REMAIN UNDER STATE COURT SEAL FOR OVER 29 YEARS, ECF NO. 1, IS CONSTRUED AS SUCCESSIVE PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. § 2254 AND IS DISMISSED FOR LACK OF JURISDICTION; 2. THERE IS NO BASIS FOR THE ISSUANCE OF A CERTIFICATE OF APPEALABILITY; AND 3. THE CLERK OF COURT IS DIRECTED TO CLOSE THIS CASE.. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 4/12/2016. 4/13/2016 ENTERED AND COPIES MAILED TO PETITIONER.(lbs, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
______________________________________
RODNEY WELLS,

:
:
v.
:
:
BEN VARNER,
:
Respondent.
:
_______________________________________
Petitioner,

No. 2:15-mc-00035

ORDER
Petition for Relief, ECF No. 1- Dismissed
AND NOW, this 12th day of April, 2016, for the reasons set forth in the Memorandum
issued this date, IT IS HEREBY ORDERED THAT:
1.

The “Petition for Declaratory Judgment and Injunctive Relief Based on Violation

of Due Process, Documents/Evidence that was used to Convict and Sentence Petitioner to a Life
Sentence and Continues to Remain under State Court Seal for Over 29 Years,” ECF No. 1, is
construed as successive petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254 and is
DISMISSED for lack of jurisdiction;
2.

There is no basis for the issuance of a certificate of appealability; and

3.

The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

/s/ Joseph F. Leeson, Jr.______
JOSEPH F. LEESON, JR.
United States District Judge