WILLIAMS v. SMITH et al

Filing 9

ORDER dismissing Petition for Habeas Corpus Relief 4 , 5 Motion to Not Deem the Instant 2254(a) Habeas Application as Second or Successive; overruling Objections and adopting 6 Report and Recommendations. This Order was mailed this date via first class mail to Petitioner at address of record. Signed by Judge Arthur J. Schwab on 2-12-18. (nam)

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

VERNON WILLIAMS JR.,
Petitioner,
vs.
BARRY SMITH, et al.,
Respondents.

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Civil Action No. 17-1660

ORDER
AND NOW, this 12th day of February, 2018, after the petitioner, Vernon Williams, Jr.,
filed a petition for a writ of habeas corpus and a Motion to Not Deem the Instant 2254(a) Habeas
Application as Second or Successive, and after a Report and Recommendation was filed by the
United States Magistrate Judge granting the parties a period of time after being served with a
copy to file written objections thereto, and upon consideration of the objections filed by the
petitioner and the brief in support thereof, and upon independent review of the petition and the
motion and upon consideration of the Magistrate Judge’s Report and Recommendation (ECF No.
6), which is adopted as the opinion of this Court,
IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner (ECF No.
4) is dismissed as a second or successive petition and, because reasonable jurists could not
conclude that a basis for appeal exists, a certificate of appealability is denied.
IT IS FURTHER ORDERED that the Motion to Not Deem the Instant 2254(a) Habeas
Application as Second or Successive filed by petitioner (ECF No. 5) is dismissed.

IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure if the petitioner desires to appeal from this Order he must do so within thirty
(30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P.

s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge

cc:

Vernon Williams, Jr.
FP-8873
SCI Houtzdale
P.O. Box 1000
Houtzdale, PA 16698