DANIELS v. WILSON et al

Filing 62

ORDER - the R&R dated April 26, 2022 (ECF No. 58 ) is adopted as the Opinion of the Court and the Petitioner's Motion for Relief from Judgment filed pursuant to Federal Rule of Civil Procedure 60(b)(2), (3) and/or (6) (ECF No. 57 ) is DISMISSED for lack of jurisdiction as an unauthorized second or successive petition for writ of habeas corpus. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. Signed by Judge David S. Cercone on 6/30/2022. (jmc)

Case 2:06-cv-00741-DSC-LPL Document 62 Filed 06/30/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

WILLIAM M. DANIELS, JR.,
Petitioner,
v.
HARRY E. WILSON, et al.,
Respondents.

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Civil Action No. 06 – 741
District Judge David S. Cercone
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Pending before the Court is a Motion for Relief from Judgment filed by Petitioner
pursuant to Federal Rule of Civil Procedure 60(b)(2), (3) and/or (6). (ECF No. 57.) On April
26, 2022, the Magistrate Judge issued a Report and Recommendation (“R&R”) wherein she
recommended that Petitioner’s Motion be dismissed for lack of jurisdiction as an unauthorized
second or successive petition. (ECF No. 58.) Petitioner filed timely Objections to the R&R on
May 12, 2022. (ECF No. 60.)
Pursuant to 28 U.S.C. § 636(b)(1)(C), this Court must make a de novo determination of
those portions of the R&R to which objections were made. The Court may accept, reject, or
modify, in whole or in part, the findings or recommendations made by the magistrate judge. The
Court may also recommit the matter to the magistrate judge with instructions.
After consideration of the R&R as well as de novo review of Petitioner’s Objections
thereto, the Court finds that the Objections do not undermine the Magistrate Judge’s
recommendation. Accordingly, the following Order is now entered.
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Case 2:06-cv-00741-DSC-LPL Document 62 Filed 06/30/22 Page 2 of 2

AND NOW this 30th day of June, 2022,
IT IS HEREBY ORDERED that Petitioner’s Objections (ECF No. 60) are overruled
and the R&R dated April 26, 2022 (ECF No. 58) is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that Petitioner’s Motion for Relief from Judgment filed
pursuant to Federal Rule of Civil Procedure 60(b)(2), (3) and/or (6) (ECF No. 57) is
DISMISSED for lack of jurisdiction as an unauthorized second or successive petition for writ of
habeas corpus.
AND IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
S/David Stewart Cercone
David Stewart Cercone
United States District Judge

Cc:

William M. Daniels, Jr.
DU-7194
SCI Forest
P.O. Box 945
286 Woodland Drive
Marienville, PA 16239
Counsel of record
(Via CM/ECF electronic mail)

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