VILLANUEVA v. MS. LUTHER et al

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATION, ECF NO. 5 , IS ADOPTED IN PART, AS PROVIDED IN THE ACCOMPANYING MEMORANDUM; THE PETITION FOR WRIT OF HABEAS CORPUS, ECF NO. 1 , IS TRANSFERRED TO THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA; 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 ISSU ANCE OF A CERTIFICATE OF APPEALABILITY AFTER DISMISSING THE § 2254 PETITION FOR LACK OF JURISDICTION); AND THE CLERK OF COURT SHALL CLOSE THIS CASE. SIGNED BY HONORABLE JOSEPH F. LEESON, JR ON 5/20/16. 5/23/16 ENTERED AND COPIES MAILED TO PRO SE. (mas, )

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
_______________________________________
JUAN M. VILLANUEVA,
Petitioner,
v.

:
:
:
:
SUPERINTENDENT LUTHER, DISTRICT :
ATTORNEY OF THE COUNTY OF
:
HARRISBURG, ATTORNEY GENERAL
:
OF THE STATE OF PENNSYLVANIA,
:
Respondents.
:
_______________________________________

No. 2:16-cv-1043

ORDER
Report and Recommendation, ECF No. 5 – Adopted in Part
AND NOW, this 20th 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