DURHAM v. THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA et al

Filing 12

ORDER. As stated more fully in the Memorandum Order filed herewith, the Court enters the following Order: Petitioner George R. Durham's Motion for Relief from Judgment under Federal Rule of Civil Procedure 60(b) (Doc. 9) is DENIED with prejudice. The Magistrate Judge's Report and Recommendation (Doc. 10) is hereby ADOPTED as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 11/16/17. (rdl)

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

GEORGE R. DURHAM,

)
)
Petitioner,
)
)
v.
)
)
THE ATTORNEY GENERAL OF
)
THE STATE OF PENNSYLVANIA, et al., )
)
Respondents.
)

Civil Action No. 17-662
Judge Cathy Bissoon
Magistrate Judge Robert C. Mitchell

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Robert C. Mitchell for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 and Local Rule of
Civil Procedure 72.
On September 28, 2017, the Magistrate Judge issued a Report (Doc. 10) recommending
that Petitioner George R. Durham’s Motion for Relief from Judgment under Federal Rule of
Civil Procedure 60(b) (Doc. 9) be dismissed as being without a jurisdictional basis. The Report
and Recommendation was served on the parties, and Petitioner has filed Objections. See Doc.
11.
After a de novo review of the pleadings and documents in the case, the procedural history
of Petitioner’s related actions, the Report and Recommendation, and the Objections thereto, the
Court finds that it lacks jurisdiction to review the decision of the United States Court of Appeals
for the Third Circuit denying Petitioner’s application to file a second habeas corpus petition.
Accordingly, the following Order is entered:

Petitioner’s Rule 60(b) Motion (Doc. 9) for relief from a judgment of the Court of
Appeals for the Third Circuit denying Petitioner’s application to file a second habeas corpus
petition is DISMISSED WITH PREJUDICE as lacking a jurisdictional basis. The Magistrate
Judge’s Report and Recommendation is hereby adopted as the Opinion of the District Court.
IT IS SO ORDERED.

November 16, 2017

cc (via ECF email notification):
All counsel of record

cc (via First-Class, U.S. Mail):
GEORGE R. DURHAM
HN-4394
SCI Fayette
Post Office Box 9999
LaBelle, PA 15450-0999

s/Cathy Bissoon
Cathy Bissoon
United States District Judge