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Leroy Reed v. Brian Coleman

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


October 27, 2011

LEROY REED,
PETITIONER
v.
BRIAN COLEMAN, ET AL., RESPONDENTS

The opinion of the court was delivered by: Lawrence F. Stengel, J.

ORDER

AND NOW, this 27th day of October, 2011, upon careful and independent consideration of the petition for Writ of Habeas Corpus, after review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell, and after consideration of the Objections to the Report and Recommendation filed by the Petitioner, IT IS HEREBY ORDERED that:

1. The Report and Recommendation (Doc. No. 12) is APPROVED AND ADOPTED.

2. Pursuant to 28 U.S.C. § 2244(b)(3)(A), because this is a successive petition, the Respondents' Motion to Transfer Unauthorized Successive Habeas Petition (Doc. No. 11) is GRANTED IN PART.*fn1

3. The petition and amended petitions for Writ of Habeas Corpus (Doc. Nos. 1, 7, & 10) are DISMISSED WITHOUT PREJUDICE.

4. Petitioner's Objections to the Report and Recommendation (Doc. No. 14) are OVERRULED.

5. Petitioner's remaining motion (Doc. No. 13) is DENIED AS MOOT.

6. There is no probable cause to issue a certificate of appealability.

7. The Clerk of Court shall mark this case CLOSED for all purposes and transfer the petition and record to the United States Court of Appeals for the Third Circuit for it to consider whether it will grant permission for the petition to be filed.

BY THE COURT:

Lawrence F. Stengel


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