IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
February 24, 2011
WARDEN B.A. BLEDSOE, DEFENDANT
The opinion of the court was delivered by: Chief Judge Kane
(Magistrate Judge Mannion)
Before the court in the captioned action is a February 3, 2011 report and recommendation of Magistrate Judge Mannion. No timely objections have been filed.
Accordingly, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:
1) The Court adopts the Report and Recommendation of Magistrate Judge Mannion. (Doc. No. 8.)
2) The Petition for Writ of Habeas Corpus (Doc. No. 1) is DISMISSED FOR LACK OF JURISDICTION. See Gray v. United States, 385 F. App'x 160, 163 (3d Cir. 2010) (summarily affirming this Court's denial of Petitioner's attempt to proceed under 28 U.S.C. § 2241 and noting that because Petitioner "has already filed an unsuccessful § 2255 motion, his claims should have been brought in an application to filed [sic] a second or successive motion under 28 U.S.C. §§ 2255(h); 2244" before the Sixth Circuit Court of Appeals).
3) The Clerk of Court shall close the file. No certificate of appealability shall issue.
YVETTE KANE, Chief Judge United States District Court Middle District of Pennsylvania
© 1992-2011 VersusLaw Inc.