Reid v. Ebbert

Filing 12

ORDER: In accord with the accompanying Memorandum 11 ; 1) The R and R of MJ Saporito is ADOPTED.2) The petition for a writ of habeas corpus is DISMISSED WITHOUT PREJUDICE to Reids right to file a § 2255 motion in the appropriate court, subject to the pre-authorization requirements of 28 U.S.C. §§ 2244 and 2255(h).3) The court declines to issue a certificate of appealability.Signed by Honorable Sylvia H. Rambo on 5/24/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
KENNETH ROSHAUN REID,
Plaintiff,
v.
WARDEN DAVID J. EBBERT,
Defendant.

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Civil No. 1:17-cv-1062

Judge Sylvia H. Rambo

ORDER
AND NOW, this 24th day of May, 2018, IT IS HEREBY ORDERED as
follows:
1) The report and recommendation of the magistrate judge is
ADOPTED.
2) The petition for a writ of habeas corpus is DISMISSED
WITHOUT PREJUDICE to Reid’s right to file a § 2255 motion
in the appropriate court, subject to the pre-authorization
requirements of 28 U.S.C. §§ 2244 and 2255(h).
3) The court declines to issue a certificate of appealability as it is
without jurisdiction.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge