RAMBERT v. VARANO et al

Filing 4

MEMORANDUM ORDER dismissing Petition for Writ of Habeas Corpus as a second or successive petition; denying a certificate of appealabililty; and adopting the 2 Report and Recommendation of Judge Lenihan as the option of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 1/8/13. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ERIC X. RAMBERT,
Petitioner,

v.
DAVID A. VARANO, et al.,
Respondents.

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2:12cv1707
Electronic Mail
Judge David Stewart Cercone
Chief Magistrate Judge Lenihan

MEMORADUM ORDER

Eric X. Rambert ("Petitioner") initiated this action by filing a Petition for Writ of Habeas
Corpus pursuant to 28 U.S.c. § 2254. (ECF No. I.) This case was referred to Chief Magistrate
Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act,
28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
Magistrate Judge Lenihan filed a Report and Recommendation on December 17, 2012,
recommending that the habeas petition be dismissed as a second or successive petition and that a
certificate of appealability be denied. Petitioner was served with the Report and
Recommendation and informed that he had until January 3, 2013, to file written objections.
Petitioner filed objections on January 3, 2013; however, his objections do not controvert the
recommendation made in the report.
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.

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AND NOW, this ~ day of January, 2013;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No.1) is
DISMISSED as a second or successive petition.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
IT IS FURTHERED ORDERED that the Report and Recommendation (ECF No.2)
dated December 17, 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)(l) ofthe 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.

David Stewart Cercone
United States District Judge

cc:

Eric X. Rambert
AM-9223
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17866

(Via First Class Mail)
Ronald M. Wabby, Jr., Esquire

(Via ECF Electronic Mail)

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