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Blum v. Holt

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


July 26, 2010

CHESTER L. BLUM, PETITIONER
v.
RONNIE R. HOLT, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 26th day of July, 2010, upon consideration of the report of the magistrate judge (Doc. 12), recommending that the petition (Doc. 1) for writ of habeas corpus, filed by petitioner Chester L. Blum ("Blum") pursuant to 28 U.S.C. § 2241, be dismissed for lack of jurisdiction because Blum failed to seek leave from the Eighth Circuit Court of Appeals to file a second or successive § 2255 motion with the court that imposed his sentence,*fn1 and upon further consideration of Blum's objections (Doc. 13) to the report,*fn2 and Blum's motion (Doc. 14) to amend notice to the United States Attorney pursuant to Rule 15 (c)(1)(c)(i-ii) of the Federal Rules of Civil Procedure,*fn3 and, following an independent review of the record, it appearing that Blum's petition is procedurally improper, and that Blum does not satisfy the language of § 2255(e),*fn4 and the court finding that it lacks jurisdiction, and the court further finding that amendment of the petition would be futile, it is hereby

ORDERED that:

1. The report and recommendation (Doc. 12) of the magistrate judge is ADOPTED.

2. The petition (Doc. 1) for writ of habeas corpus is DISMISSED.

3. The motion (Doc. 14) to amend is DENIED.

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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