Lee v. Baltazar

Filing 6

ORDER (memorandum filed previously as separate docket entry): Petitioners request to proceed in forma pauperis is GRANTED. Lees habeas corpus petition is DISMISSED WITHOUT PREJUDICE. Petitioner may file a section 2255 motion in the Middle District o f Tennessee, or if appropriate, seek authorization from the United States Court of Appeals for the Sixth Circuit for leave to file a second or successive § 2255 petition. The Clerk of Court is directed to CLOSE this case. Based on the Courts conclusion herein, there is no basisfor the issuance of a certificate of appealability. Signed by Honorable Matthew W. Brann on 4/18/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTONIO LEE,

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Petitioner
v.
WARDEN BALTAZAR,
Respondent

CIVIL NO. 4:17-CV-17-315
(Judge Brann)

ORDER
April 18, 2017
In accordance with the accompanying Memorandum, IT IS HEREBY
ORDERED THAT:
1.

Petitioner’s request to proceed in forma pauperis is
GRANTED.

2.

Lee’s habeas corpus petition is DISMISSED
WITHOUT PREJUDICE.

3.

Petitioner may file a section 2255 motion in the Middle
District of Tennessee, or if appropriate, seek
authorization from the United States Court of Appeals
for the Sixth Circuit for leave to file a second or
successive § 2255 petition.

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4.

The Clerk of Court is directed to CLOSE this case.

5.

Based on the Court’s conclusion herein, there is no basis
for the issuance of a certificate of appealability.

BY THE COURT:

s/ Mathew W. Brann
Matthew W. Brann
United States District Judge

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