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Jennings v. Obama

United States District Court, Third Circuit

October 2, 2013

DONALD JENNINGS
v.
PRESIDENT BARACK OBAMA, et al.

MEMORANDUM AND ORDER

J. WILLIAM DITTER, Jr., District Judge.

AND NOW, this 1st day of October, 2013, having considered the pro se petition filed by Donald Jennings, I make the following findings and reach the following conclusions:

1. Petitioner is a state prisoner currently incarcerated in the State Correctional Institution in Coal Township, Pennsylvania, serving a sentence for a conviction obtained against him in the Court of Common Pleas for Philadelphia County, Pennsylvania.
2. In the instant petition, Petitioner alleges that he is filing a petition pursuant to "28 U.S.C. § 2241, § 2254, § 2255 and to Reinstate/Take Jurisdiction of All Criminal and Civil Proceedings." He sets forth claims related to his pretrial extradition, trial, sentencing, the execution of his sentence and conditions of imprisonment. Petitioner seeks consolidation of "all separately filed proceedings, " remedies for civil rights violations and immediate release from imprisonment.
3. In 2012, Petitioner filed a similar petition attacking his sentence and alleging civil rights violations. Jennings v. Obama, No. 12-4234 (E.D. Pa. August 6, 2012). Judge Legrome D. Davis dismissed that petition without prejudice noting that "Petitioner may not file a consolidated petition seeking joint or alternative remedies." Id. Petitioner was directed to file either a petition for habeas corpus relief pursuant to U.S.C. § 2254 or a civil rights complaint pursuant to 42 U.S.C. § 1983. Petitioner did neither. Instead, he filed the instant petition including Judge Davis as a defendant. For the same reasons set forth by Judge Davis, the instant petition will be dismissed without prejudice.[1]

Based upon the foregoing, I HEREBY ORDER that the petition is DISMISSED WITHOUT PREJUDICE to Petitioner filing either or both a petition for habeas corpus relief pursuant to 28 U.S.C. § 2254 or a civil rights complaint pursuant to 42 U.S.C. § 1983.[2]

I FURTHER ORDER the Clerk of Court shall provide Petitioner with this Court's current forms for filing application to proceed in forma pauperis and for filing the aforementioned pleadings. The Clerk of Court shall close this matter. There is no cause for a certificate of appealability.


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