DANDAR v. DISTRICT ATTORNEY OF ERIE COUNTY et al

Filing 15

MEMORANDUM ORDER: AND NOW, to wit, this 2nd Day of August, 2011, upon consideration of Petitioner's Motion for Reconsideration 14 , IT IS ORDERED that said motion be, and hereby is, DENIED. IT IS FURTHER ORDERED that Petitioner's request for leave to proceed in forma pauperis is DENIED as moot. Signed by Judge Sean J. McLaughlin on 08/02/2011. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RONALD DANDAR,
Petitioner,
v.
DISTRICT ATTORNEY, et al.,

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Case No. 1:11-cv-112-SJM-SPB

MEMORANDUM ORDER
This petition for writ of habeas corpus was received by the Clerk of Court on May
19, 2011 and was referred to United States Magistrate Judge Susan Paradise Baxter for
report and recommendation in accordance with the Magistrates Act, 28 U.S.C.
§ 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
On June 21, 2011, this Court entered a Memorandum Order [4] which adopted
the Magistrate Judge’s Report and Recommendation [2] and summarily dismissed the
instant habeas corpus petition for lack of subject matter jurisdiction. The dismissal was
premised on the grounds that the instant case represents a successive habeas petition
as to which Petitioner has not obtained the mandatory authorization from the Third
Circuit Court of Appeals, as set forth in 28 U.S.C. §2244(b). A certificate of
appealability was denied inasmuch as the Court found that reasonable jurists would not
find debatable this Court’s lack of jurisdiction over the matter.
This Court subsequently entered a Text Order on June 30, 2011 overruling
Petitioner’s belated objections to the Report and Recommendation. Petitioner appealed
this ruling on July 13, 2011 [9], and that appeal is currently pending before the United
States Court of Appeals for the Third Circuit at Case Number 11-2928 [11].
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On July 14, 2011, this Court entered a Memorandum Order [10] denying, among
other things, Petitioner’s motion seeking authorization to file a second or successive
petition [8], as the requisite authorization must come from our circuit court of appeals,
not this Court. Petitioner subsequently filed a document [14] which is largely
unintelligible, but which has been docketed as a motion for reconsideration of my July
14, 2011 Memorandum Order. To the extent Petitioner is indeed seeking
reconsideration of my July 14, 2011 ruling, the request will be denied inasmuch as
Petitioner has demonstrated no basis justifying reconsideration. Furthermore, to the
extent Petitioner is seeking leave, in this motion, to proceed with his appeal to the Third
Circuit in forma pauperis, his request is moot because the Magistrate Judge previously
granted it in a Text Order dated July 25, 2011. Accordingly, the following order is
entered,
AND NOW, to wit, this 2nd Day of August, 2011, upon consideration of
Petitioner’s Motion for Reconsideration [14], IT IS ORDERED that said motion be, and
hereby is, DENIED. IT IS FURTHER ORDERED that Petitioner’s request for leave to
proceed in forma pauperis is DENIED as moot.
s/

Sean J. McLaughlin
SEAN J. McLAUGHLIN
United States District Judge

Cm:

Ronald Dandar
AP-6933
SCI Cresson
Old Route 22
Cresson, PA 16699-0001
U.S. Magistrate Judge Susan Paradise Baxter
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