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Donald Messina v. Commonwealth of Pennsylvania

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


October 20, 2011

DONALD MESSINA, PETITIONER,
v.
COMMONWEALTH OF PENNSYLVANIA, ET AL., RESPONDENTS.

The opinion of the court was delivered by: Arthur J. Schwab United States District Judge

ORDER AND NOW, this 20th day of October, 2011, after the petitioner, Donald Messina, filed a petition for a writ of habeas corpus, 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 letter submitted by petitioner indicating that he has no objections to the transfer, and upon independent review of the petition and the record and upon consideration of the Magistrate Judge's Report and Recommendation (Docket No. 5), which is adopted as the opinion of this Court,

IT IS ORDERED that the petition for a writ of habeas corpus filed by petitioner Donald Messina (Docket No. 1) is transferred to the United States Court of Appeals for the Third Circuit pursuant to 28 U.S.C. § 1631 as a successive petition forthwith.

Arthur J. Schwab

cc: Donald Messina GG-0082 SCI Dallas 1000 Follies Road Dallas, PA 18612-0286

20111020

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