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)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
GEORGE SEPULVEDA,
Petitioner,
v.
WARDEN J. BALTAZAR,
Respondent.

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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. §
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