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[U] Perez v. Kerestes

Superior Court of Pennsylvania

March 11, 2014

JOSE MIGUEL PEREZ, Appellant
v.
JOHN KERESTES, Appellee

NON-PRECEDENTIAL DECISION

Appeal from the Order entered August 16, 2013, in the Court of Common Pleas of Lancaster County, Civil Division at No(s): CI-13-07474

BEFORE: GANTMAN, P.J., ALLEN, and LAZARUS, JJ.

JUDGMENT ORDER

ALLEN, J.

Jose Miguel Perez has filed yet another appeal from the denial of his latest "Petition for Writ of Habeas Corpus ad Subjiciendum." This Court has previously rejected Appellant's claim that his request for relief falls outside the jurisdiction of the Post-Conviction Relief Act, 42 Pa.C.S.A. §§ 9541-9546, and determined that his petition was patently untimely. See Commonwealth v. Perez, 53 A.3d 941 (Pa. Super 2012) (table), appeal denied, 57 A.3d 69 (Pa. 2012). Thus, Appellant's claim was previously litigated under the PCRA, see 42 Pa.C.S.A. 9544(a)(3), and we affirm the trial court's order denying him relief.

Order affirmed.

Judgment Entered.


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