Benchoff v. Harry et al

Filing 37

ORDER (memorandum filed previously as separate docket entry),The report and recommendation of Judge Saporito, (Doc. 22), is ADOPTED IN ITS ENTIRETY. ORDER DISMISSING CASE. (See order for details).Signed by Honorable Malachy E Mannion on 9/29/17. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT BENCHOFF,

:

Petitioner

:
:

v.

CIVIL ACTION NO. 3:16-1312
(JUDGE MANNION)

LAUREL HARRY, Superintendent, :
SCI Camp Hill, et al.,
:
Respondents
:
ORDER
In accordance with the memorandum issued this same day in the
above-captioned matter, IT IS HEREBY ORDERED THAT:
(1)

The report and recommendation of Judge Saporito, (Doc.
22), is ADOPTED IN ITS ENTIRETY.

(2)

The petitioner’s objections to Judge Saporito’s report, (Doc.
26), are OVERRULED.

(3)

The respondents’ motion to dismiss the petition for writ of
habeas corpus, (Doc. 17), is GRANTED.

(4)

The petition for writ of habeas corpus, (Doc. 1), is
DISMISSED as a second or successive petition, without
prejudice to the petitioner’s right to seek pre-authorization
from the Third Circuit under 28 U.S.C. §2244(b)(3).

(5)

The court declines to issue a certificate of appealability
under 28 U.S.C. §2253, as the petitioner has failed to make

a substantial showing of the denial of a constitutional right.
(6)

The petitioner’s motion for judgment on the pleadings,
(Doc. 23), motion for leave of court, (Doc. 28), second
motion for appointment of counsel, (Doc. 30), and motion
to conduct discovery, (Doc. 31), are DISMISSED.

(7)

The Clerk of Court is directed to CLOSE THIS CASE.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Date: September 29, 2017
O:\Mannion\shared\MEMORANDA - DJ\CIVIL MEMORANDA\2016 MEMORANDA\16-1312-01-ORDER.wpd

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