Sepulveda v. Baltazar

Filing 6

ORDER: In accord with the accompanying Memorandum 5 ; 1) The r and r of the M.J. 3 is ADOPTED;2) The petition for a writ of habeas corpus 1 is DENIED because the court lacks jurisdiction to consider the petition;3) The aforesaid order is without prejudice to Sepulveda to take whatever action before the United States Court of Appeals for the First Circuit be deemed proper under 28 U.S.C. § 2255;4) The court declines to issue a certificate of appealability as it is without jurisdiction to do so.Signed by Honorable Sylvia H. Rambo on 10/24/17. (ma)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GEORGE SEPULVEDA, Petitioner, v. WARDEN J. BALTAZAR, Respondent. : : : : : : : : : Civil No. 1:17-cv-1718 Judge Rambo Magistrate Judge Carlson ORDER AND NOW, this 23rd day of October, 2017, IT IS HEREBY ORDERED as follows: 1) The report and recommendation of the magistrate judge (Doc. 3) is ADOPTED; 2) The petition for a writ of habeas corpus is DENIED because the court lacks jurisdiction to consider the petition; 3) The aforesaid order is without prejudice to Sepulveda to take whatever action before the United States Court of Appeals for the First Circuit be deemed proper under 28 U.S.C. ยง 2255; 4) The court declines to issue a certificate of appealability as it is without jurisdiction to do so. s/Sylvia H. Rambo SYLVIA H. RAMBO United States District Judge

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