Hlushmanuk v. Baltazar et al

Filing 8

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED THAT Petitioners second or successive petition 1 for a writ of habeas corpus is DISMISSED for lack of jurisdiction pursuant to 28 U.S.C. § 2244(b)(2), without prejudi ce to the Petitioners right to seek pre-authorization from the Third Circuit under 28 U.S.C. § 2244(b)(3). No certificate of appealability shall issue, see 28 U.S.C. § 2253(c) and the Clerk of Court is directed to CLOSE this case. Signed by Honorable Yvette Kane on 8/3/17. (rw)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM HLUSHMANUK,
:
Petitioner,
:
:
No. 1:17-cv-01014
v.
:
:
(Judge Kane)
BALTAZAR, et al.,
:
Respondents
:
ORDER
AND NOW, this 3rd day of August 2017, in accordance with the accompanying
Memorandum, IT IS ORDERED THAT:
1. Petitioner’s second or successive petition for a writ of habeas corpus (Doc. No. 1), is
DISMISSED for lack of jurisdiction pursuant to 28 U.S.C. § 2244(b)(2), without
prejudice to the Petitioner’s right to seek pre-authorization from the Third Circuit
under 28 U.S.C. § 2244(b)(3);
2. No certificate of appealability shall issue, see 28 U.S.C. § 2253(c); and
3. The Clerk of Court is directed to CLOSE this case.

s/Yvette Kane
Yvette Kane, District Judge
United States District Court
Middle District of Pennsylvania