IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
May 26, 2006
MICHAEL EVANS, PETITIONER,
SUPERINTENDENT, STATE CORRECTIONAL INSTITUTION ROCKVIEW, ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS.
The opinion of the court was delivered by: Judge Joy Flowers Conti
Magistrate Judge Amy Reynolds Hay
AND NOW, this 26th day of May, 2006, after the Petitioner, Michael Evans, filed an action in the above-captioned case, and after, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the petition for writ of habeas corpus is transferred to the United States Court of Appeals for the Third Circuit for consideration as an application to file a successive petition as required under 28 U.S.C. § 2244(b)(3) forthwith.
JOY FLOWERS CONTI United States District Judge
Honorable Amy Reynolds Hay United States Magistrate Judge
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