RAMBERT v. OVERMYER et al
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)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ERIC X. RAMBERT,
ATTORNEY GENERAL'S OFFICE,
and DISTRICT ATTORNEY'S
Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan
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
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
Honorable Lisa Pupo Lenihan
United States Magistrate Judge
Eric X. Rambert
Post Office Box 945
Marienville, PA 16239
(Via First Class Mail)
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