PROFFITT v. MARLER

Filing 12

ORDER THAT PRO SE PETITIONER'S PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 USC, SECTION 2241 IS DISMISSED WITH PREJUDICE; PETITIONER'S MOTION FOR THE APPOINTMENT OF COUNSEL (DOC. NO. 2) IS DENIED; PETITIONER'S MOTION FOR INJUNCTIVE RELIEF (DOC. NO. 3) IS DENIED; PETITIONER'S MOTION TO TRANSFER (DOC. NO. 10) IS DENIED.. SIGNED BY HONORABLE JAN E. DUBOIS ON 1/22/19. 1/25/19 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED TO COUNSEL.(pr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA WILBERT EUGENE PROFFITT, Petitioner, CIVIL ACTION v. SEAN MARLER, Warden/Superintendent, Respondent. NO. 18-705 ORDER AND NOW, this 22nd day of January, 2019, upon consideration of pro se petitioner Wilbert Eugene Proffitt’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Document No. 1, filed February 16, 2018), Motion for the Appointment of Counsel (Document No. 2, filed February 16, 2018), Motion for Injunctive Relief (Document No. 3, filed on May 16, 2018), Motion to Transfer (Document No. 10, filed on November 13, 2018), and the Government’s Response to Defendant’s Motion Filed Pursuant to 28 U.S.C. § 2241 (Document No. 8, filed November 6, 2018), for the reasons stated in the accompanying Memorandum dated January 22, 2019, IT IS ORDERED as follows: 1. Pro se petitioner’s Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 is DISMISSED WITH PREJUDICE.1 2. Pro se petitioner’s Motion for the Appointment of Counsel is DENIED. 3. Pro se petitioner’s Motion for Injunctive Relief is DENIED. A certificate of appealability is not required with respect to the Court’s ruling in Paragraph One of this Order, which address petitioner’s Habeas Corpus Petition Under 28 U.S.C. § 2241. Rulings with respect to motions under 28 U.S.C. § 2241 do not require a certificate of appealability as a prerequisite to filing a notice of appeal. See Daley v. Fed. Bureau of Prisons, 192 F. App’x 106, 108–109 (3d Cir. 2006). 1 4. Pro se petitioner’s Motion to Transfer is DENIED. BY THE COURT: /s/ Hon. Jan E. DuBois DuBOIS, JAN E., J. 2

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