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Tony Lamar Haynes v. Commonwealth Court of Pennsylvania

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


November 30, 2011

TONY LAMAR HAYNES
v.
COMMONWEALTH COURT OF PENNSYLVANIA, ET AL.

The opinion of the court was delivered by: John R. Padova, J.

ORDER AND NOW, this 30th day of November 2011, upon careful and independent consideration of the Petition for Writ of Habeas Corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 5), and after review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell and Petitioner's Objections thereto (Docket No. 16), IT IS HEREBY ORDERED as follows:

1. The Petitioner's Objections are OVERRULED.*fn1

2. The Report and Recommendation is APPROVED and ADOPTED.

3. The Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE.

4. Because Petitioner has failed to make a substantial showing of the denial of a constitutional right or demonstrate that a reasonable jurist would debate the correctness of this ruling, the Court declines to issue a certificate of appealability under 28 U.S.C. § 2253(c)(2).

5. The Clerk shall CLOSE this case statistically.

BY THE COURT:

John R. Padova

See 28 U.S.C. § 1631. We cannot transfer it to another district court or a state court. Transfer to the Third Circuit would only be appropriate if Petitioner presented arguments based on "newly discovered evidence" or a "new rule of constitutional law," as these are the only grounds for authorizing a second or successive petition. See 28 U.S.C. § 2244(b)(2). Petitioner has not presented arguments in his Petition or Objections that fit into either category. We thus decline to transfer the Petition. Accordingly, we adopt the Magistrate Judge's Report and Recommendation and overrule Petitioner's Objections.


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