Rohland v. Wetzel et al

Filing 17

ORDER ADOPTING REPORT 8 of Magistrate Judge Saporito, DISMISSING petition 1 for writ of h/c w/out prejudice to ptnr's rt to request leave from 3rd Cir Ct of Appeals to pursue 2nd or successive petition, finding no basis to issue certificate of appealability & directing Clrk of Ct to CLOSE case. (See order for complete details.)Signed by Chief Judge Christopher C. Conner on 6/19/18. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WILLIAM ROHLAND,
Petitioner
v.
JOHN WETZEL, Executive Branch
Pa Agent, et al.,
Respondents

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CIVIL ACTION NO. 1:18-CV-547
(Chief Judge Conner)

ORDER
AND NOW, this 19th day of June, 2018, upon consideration of the report (Doc.
8) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court dismiss
the petition (Doc. 1) for writ of habeas corpus by pro se petitioner William Rohland
(“Rohland”) for lack of jurisdiction as an unauthorized second or successive petition
pursuant to 28 U.S.C. § 2244(b)(2), without prejudice to his right to seek the Third
Circuit Court of Appeals’ preauthorization to file same under 28 U.S.C. § 2244(b)(3),
and the court noting that Rohland objects to the report, (see Docs. 10, 14), and filed
various miscellaneous motions and correspondence, (see Docs. 9, 11, 12, 13, 15), and,
following a de novo review of the contested portions of the report, see Behar v. Pa.
Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing Sample v. Diecks,
885 F.2d 1099, 1106 n.3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(C)), and applying a clear
error standard of review to uncontested portions, see Cruz v. Chater, 990 F. Supp.
375, 376-78 (M.D. Pa. 1999), the court being in agreement with Judge Saporito that
Rohland’s instant petition is an unauthorized second or successive petition filed

without leave of the Third Circuit Court of Appeals, see 28 U.S.C. § 2244(b)(2)-(3),
and finding Judge Saporito’s analysis to be thorough, well-reasoned, and fully
supported by the record, and further finding Rohland’s objection to be without merit
and squarely addressed by Judge Saporito’s report, it is hereby ORDERED that:
1.

The report (Doc. 8) of Magistrate Judge Saporito is ADOPTED.

2.

Rohland’s petition (Doc. 1) for writ of habeas corpus is DISMISSED
without prejudice to Rohland’s right to request leave from the Third
Circuit Court of Appeals to pursue a second or successive petition
pursuant to 28 U.S.C. § 2244(b)(2) and (b)(3).

3.

The court finds no basis to issue a certificate of appealability. See 28
U.S.C. § 2253(c); R. GOVERNING § 2254 CASES R. 11(a).

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania