BALDWIN v. THOMPSON et al

Filing 13

MEMORANDUM OPINION - as explained therein, the Petition will be dismissed for lack of jurisdiction and a certificate of appealability will be denied. Further, the motion to dismiss will be denied without prejudice. An appropriate Order follows. Signed by Magistrate Judge Christopher B. Brown on 11/23/2024. (bsc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERIE DIVISION
)
)
)
)
)
)
)
)
)
)
)
)
)
)

WILLIAM DELBERT BALDWIN,
Petitioner,
vs.
SUPERINTENDENT THOMPSON,
ATTORNEY GENERAL OF THE
STATE OF PENNSYLVANIA, and
DISTRICT ATTORNEY OF ERIE
COUNTY,
Respondents.

Civil Action No. 1:23-cv-0334

United States Magistrate Judge
Christopher B. Brown

MEMORANDUM OPINION 1
CHRISTOPHER B. BROWN, United States Magistrate Judge
I.

INTRODUCTION
Petitioner, William Delbert Baldwin, is a state prisoner currently

incarcerated in the State Correctional Institution at Albion. He has filed a Petition
for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254. ECF No. 5. The Petition
was served and Respondent, the District Attorney of Erie County (the “District
Attorney”), filed a Motion to Dismiss arguing the Petition should be dismissed on a
number of grounds. ECF No. 7. Specifically, the District Attorney argues the
Petition should be dismissed because Baldwin has not complied with the applicable
statute of limitations, has failed to exhaust his state court remedies, has failed to
adequately specify the grounds for relief and the facts supporting each ground, and

All parties have consented to jurisdiction before a United States Magistrate Judge pursuant
to 28 U.S.C. § 636. See ECF Nos. 2 and 11.

1

1

the Petition is without merit. Id., ¶ 14. Baldwin was ordered to file a response by
July 31, 2024. ECF No. 9. To date, Baldwin has not filed a response nor has he
asked for an extension of time in which to do so.
Critically, however, it appears this Court lacks jurisdiction because this is a
second or successive petition that Baldwin filed without prior authorization from
the United States Court of Appeals for the Third Circuit, as required by 28 U.S.C. §
2244(b)(3)(A). Accordingly, the Petition will be dismissed for lack of jurisdiction and
a certificate of appealability will be denied. 28 U.S.C. § 2243; Rule 4 of the Rules
Governing Section 2254 Cases In The United States District Courts. Further, the
motion to dismiss will be denied without prejudice.
II.

RELEVANT BACKGROUND
On November 28, 1995, Baldwin plead guilty to three counts each of Rape

and Statutory Rape, four counts of Indecent Assault, and one count of Involuntary
Deviate Sexual Intercourse and Corruption of Minors, Criminal Cases No. CP-25CR-0002396-1995 and CP-25-CR-0002397-1995, in the Court of Common Pleas of
Erie County. See Baldwin v. Commonwealth of Pennsylvania, C.A. 09-cv-74-Erie
(W.D.P.A.), ECF No. 19 (“Baldwin I”). Baldwin’s original sentence was imposed on
January 3, 1996, but after reconsideration, a modified aggregate sentence of 45-1/2
to 95 years imprisonment was imposed on February 8, 1996. Id. at p.2. On appeal,
the Pennsylvania Superior Court affirmed the judgment of sentence on November
20, 1996. Id. Baldwin did not file a petition for allowance of appeal with the
Pennsylvania Supreme Court. Id.

2

On July 15, 1997, Baldwin filed his first petition pursuant to the
Pennsylvania Post-Conviction Relief Act (“PCRA petition”). Id. The PCRA petition
was dismissed by the state court on September 1, 1997, as Baldwin had failed to set
forth sufficient grounds for relief. Id. Baldwin subsequently filed at least nine
unsuccessful PCRA petitions. ECF No. 7-1.
Baldwin filed his first habeas petition in this Court on April 6, 2009,
challenging his convictions at Criminal Cases No. CP-25-CR-0002396-1995 and CP25-CR-0002397-1995 claiming a violation of due process in that he is serving an
unlawful sentence because his plea agreement was not honored when he was
sentenced. See Baldwin I, ECF No. 5. The case was docketed at Civil Action No.
1:09-cv-0074 and assigned to then-Magistrate Judge Susan Paradise Baxter. Id.,
ECF No. 1. 2 In accordance with the provisions of 28 U.S.C. § 636(c)(1), the parties
voluntarily consented to have a United States Magistrate Judge conduct
proceedings in the case, including entry of a final judgment. Id., ECF Nos. 3 and
13. On July 30, 2010, Judge Baxter dismissed the petition as untimely and denied a
certificate of appealability. ECF No. 19. Baldwin did not file appeal.
Approximately thirteen years later, on November 21, 2023, the Clerk of Court
received the instant federal habeas petition in which Baldwin again challenges his
1996 judgment of sentence. ECF No. 1. Baldwin seems to be arguing that he is
entitled to habeas relief on two new grounds: (1) the trial judge “is related to the
victim” and (2) Erie County told him not to “appeal my case to Federal Court.” ECF
Judge Susan Paradise Baxter was sworn in as an Article III federal judge on September 17,
2018. See https://www.pawd.uscourts.gov/content/susan-paradise-baxter-district-judge.

2

3

No. 5. As relief, Baldwin seeks “time served and discharged” and “Erie Courthouse”
to be investigated. Id. at p. 15.
III.

DISCUSSION
The Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”)

mandates that before a petitioner may file a second or successive habeas corpus
petition under 28 U.S.C. § 2254 challenging the same state court judgment of
sentence that he previously challenged in federal habeas, he must first obtain an
order from the court of appeals authorizing the district court to consider the
petition. 28 U.S.C. § 2244(b)(3)(A). See, e.g., Magwood v. Patterson, 561 U.S. 320,
330-33 (2010). Once a petitioner moves for authorization to file a second or
successive petition, a three-judge panel of the court of appeals must decide within
thirty days whether there is a prima facie showing that the application satisfies §
2244’s substantive requirements, which are set forth in § 2244(b)(2). See 28 U.S.C.
§ 2244(b)(3). AEDPA’s allocation of “gatekeeping” responsibilities to the courts of
appeals has divested district courts of jurisdiction over habeas petitions that are
unauthorized second or successive filings. See., e.g., Burton v. Stewart, 549 U.S.
147, 152 (2007); see also Goldblum v. Klem, 510 F.3d 204, 217 (3d Cir. 2007).
The record is clear Baldwin has not obtained leave from the United States
Court of Appeals for the Third Circuit to file a second or successive petition. Thus,
because Baldwin has not obtained the required authorization, the instant Petition

4

constitutes an unauthorized second or successive petition. 3 The statute provides
that the district court shall dismiss a second or successive petition that has not been
authorized by the court of appeals. 28 U.S.C. § 2244(b)(1). Therefore, the Court
will dismiss the instant petition for lack of jurisdiction.
IV.

CERTIFICATE OF APPEALABILITY
Reasonable jurists would all agree Baldwin has not shown he obtained leave

from the United States Court of Appeals for the Third Circuit to file a second or
successive habeas corpus petition. Reasonable jurists would also agree this Court
lacks jurisdiction and authority to consider the second or successive habeas petition
without proof of such leave. See, e.g., Slack v. McDaniel, 529 U.S. 473 (2000)
(explaining standard for grant of a certificate of appealability where the court does
not address the petition on the merits but on some procedural basis). Accordingly, a
certificate of appealability will be denied.
V.

CONCLUSION
For the foregoing reasons, the petition for a writ of habeas corpus will be

dismissed for lack of jurisdiction and a certificate of appealability will be denied. In
light of this, the District Attorney’s motion to dismiss will be denied without
prejudice.
An appropriate Order follows.

This Memorandum Opinion should not be read as a comment upon the merits of any claim
Baldwin could raise in a second or successive habeas petition challenging his judgment of sentence,
or whether such petition would be subject to dismissal on other grounds.
3

5

BY THE COURT:
s/Christopher B. Brown
Christopher B. Brown
United States Magistrate Judge
cc:

WILLIAM DELBERT BALDWIN
CX5697
SCI ALBION
10745 ROUTE 18
ALBION, PA 16475-0001
(via U.S. First Class Mail)
Michael E. Burns
Office of the District Attorney
Erie County Courthouse
(via ECF electronic notification)

6