WILLIAMS v. LAMAS et al

Filing 19

MEMORANDUM ORDER granting 10 Motion to Dismiss for Lack of Jurisdiction and adopting Report and Recommendation re 17 Report and Recommendation. Signed by Judge Terrence F. McVerry on 2/15/2012. (kly)

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

JEFFREY WILLIAMS,
Petitioner,
v.
MARIROSA LAMAS, et al,
Respondents.

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Civil Action No. 11 – 862
District Judge Terrence F. McVerry
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Petitioner, Jeffrey Williams, initiated this action by filing a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.C. § 2254, (ECF Nos. 1, 5), and this case was referred to United
States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the
Magistrate Judge’s Act, 28 U.S.C. § 636(b)(1), and Local Rules 72.C and 72.D.
Respondents filed a Motion to Dismiss (ECF No. 10) the habeas petition asserting that
the instant petition is a second or successive petition which this Court lacks subject matter
jurisdiction to entertain. Petitioner filed a response to the motion to dismiss. (ECF No. 13.)
On January 25, 2012, the Magistrate Judge entered a Report and Recommendation (ECF
No. 17) recommending that Respondents’ motion be granted, the habeas petition be dismissed
for lack of jurisdiction, and a certificate of appealability be denied. Petitioner was served with
the Report and Recommendation at his listed address and advised that he had until February 13,
2012, to file written objections. Petitioner filed Objections to the Report and Recommendation

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on February 6, 2012.

(ECF No. 18.)

Petitioner’s Objections do not undermine the

recommendation of the Magistrate Judge.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections thereto, the following order is entered.
AND NOW, this 15th day of February, 2012,
IT IS HEREBY ORDERED that Respondents’ Motion to Dismiss (ECF No. 10) is
GRANTED and Petitioner’s Petition for Writ of Habeas Corpus is hereby DISMISSED for lack
of jurisdiction.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 17) dated
January 25, 2012, is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of the Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
s/ Terrence F. McVerry
United States District Judge
cc: Jeffrey Williams
GU3700
PO Box A
Bellefonte, PA 16823
Counsel of Record
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