Upshaw v. Ebbert

Filing 9

ORDER (memorandum filed previously as separate docket entry) The petition for writ of habeas corpus, (Doc. 1), is DISMISSED for lack of jurisdiction and without prejudice to Petnr requesting leave to file a second or successive section 2255 motion with the United States Court of Appeals for the Second Circuit. The Clerk of Court is directed to CLOSE this case.Signed by Honorable William J. Nealon on 8/24/15. (ao)

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UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TERRENCE UPSHAW, Petitioner v. D. EBBERT, WARDEN, Respondent : : : : : : : CIVIL ACTION NO. 3:15-CV-0658 (Judge Nealon) ORDER AND NOW, THIS 24TH DAY OF AUGUST, 2015, in accordance with the Memorandum of this date, IT IS HEREBY ORDERED THAT: 1. The petitioner for writ of habeas corpus, (Doc. 1), is DISMISSED for lack of jurisdiction and without prejudice to Petitioner requesting leave to file a second or successive section 2255 motion with the United States Court of Appeals for the Second Circuit. 2. The Clerk of Court is directed to CLOSE this case. /s/ William J. Nealon United States District Judge

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