Ghertler v. Federal Bureau of Prisons

Filing 8

ORDER denying ptnr's motion 7 to amend & permitting Ghertler to file objections to R&R of 1/6/12 w/in 14 days of date of entry of this order. (See order for complete details.) Signed by Honorable Christopher C. Conner on 01/18/12. (ki)

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

JONATHAN GHERTLER,
Petitioner
v.
FEDERAL BUREAU OF PRISONS

Respondent

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CIVIL ACTION NO. 1:11-CV-2385
(Judge Conner)

ORDER
AND NOW, this 18th day of January, 2012, upon consideration of the motion
(Doc. 7) to amend filed by petitioner Jonathan Ghertler (“Ghertler”), wherein
Ghertler seeks for the court to construe his petition for writ of error coram nobis as
a petition for writ of habeas corpus pursuant to 28 U.S.C. § 2241, and the court
finding that amendment would be futile because the court previously dismissed a
habeas corpus petition filed by Ghertler with identical claims, see Ghertler v.
Ebbert, No. 11-CV-526, 2011 WL 2006367, (M.D. Pa. Apr. 25, 2011), report and
recommendation adopted, Ghertler v. Ebbert, No. 11-CV-526, 2011 WL 1989764,
(M.D. Pa. May 23, 2011); (see also Doc. 6, at 1-2), it is hereby ORDERED that:
1.

The motion (Doc. 7) is DENIED.

2.

Ghertler may file objections to the report and recommendation dated
January 6, 2012, within fourteen (14) days of entry of this order.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge