RAMBERT v. OVERMYER et al

Filing 6

MEMORANDUM ORDER dismissing 3 Petition for Writ of Habeas Corpus as an authorized second or successive petition, denying certificate of appealability, and adopting the 4 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 7/12/17. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA ERIC X. RAMBERT, Petitioner, v. MICHAEL OVERMYER, ATTORNEY GENERAL'S OFFICE, and DISTRICT ATTORNEY'S OFFICE, Respondents. ) ) ) ) ) ) ) ) ) ) ) ) ) 2:17cv268 Electronic Mail Judge David Stewart Cercone Magistrate Judge Lisa Pupo Lenihan MEMORANDUM ORDER Petitioner Eric X. Rambert ("Petitioner") has filed a Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254, seeking relief from his 1987 state convictions of assault by a prisoner, riot and criminal conspiracy. (ECF No. 3.) In accordance with the Magistrate Judge's Act, 28 U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules of Court, all pretrial matters were referred to United States Magistrate Judge Lisa Pupo Lenihan. On June 8, 201 7, the Magistrate Judge issued a Report and Recommendation recommending that the Petition for Writ of Habeas Corpus be dismissed as an unauthorized second or successive petition and that a certificate of appealability be denied. (ECF No. 4.) Petitioner was served with the Report and Recommendation and he filed objections on June 16, 2017. (ECF No. 5.) Upon an independent review of the record, and consideration of the Magistrate Judge's Report and Recommendation, and objections thereto, the following Order is entered: ' _.L t/ AND NOW, this I~ day of July, 2017; IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate Judge (ECF No. 4) is adopted as the opinion of the Court. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 3) is dismissed as an unauthorized second or successive petition. IT IS FURTHER ORDERED that a certificate of appealability is denied. IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) 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. David Stewart Cercone United States District Judge cc: Honorable Lisa Pupo Lenihan United States Magistrate Judge Eric X. Rambert AM-9223 SCI Forest Post Office Box 945 Marienville, PA 16239 (Via First Class Mail) 2

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