Reid v. Ebbert

Filing 9

ORDER: In accord with the Memorandum 8 issued this date; 1) The court adopts the r and r 5 of MJ Saporito.2) Petrs mtn to amend the petition 6 is deemed moot.3) The petn for writ of habeas corpus 1 filed pursuant to 28 U.S.C. § 2241 is d ismissed without prejudice to Petrs right to file a petn pursuant to § 2255, subject to the pre-authorization requirements of 28 U.S.C. § 2254 and 2255(h).4) The Clerk of Court shall close the file.5) This court declines to issue a certificate of appealability.Signed by Honorable Sylvia H. Rambo on 8/12/15. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KENNETH R. REID,
Petitioner
v.
DAVID J. EBBERT,
Respondent

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CIVIL NO. 1:15-CV-1355
(Judge Rambo)
(Magistrate Judge Saporito)

ORDER
AND NOW, this 12th day of August, 2015, IT IS HEREBY
ORDERED THAT:
1) The court adopts the report and recommendation (Doc. 5) of
Magistrate Judge Saporito.
2) Petitioner’s motion to amend the petition (Doc. 6) is deemed moot.
3) The petition for writ of habeas corpus (Doc. 1) filed pursuant to 28
U.S.C. § 2241 is dismissed without prejudice to Petitioner’s right to file a petition
pursuant to § 2255, subject to the pre-authorization requirements of 28 U.S.C.
§ 2254 and 2255(h).
4) The Clerk of Court shall close the file.
5) This court declines to issue a certificate of appealability.

s/Sylvia H. Rambo
United States District Judge