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Galloway v. Department of Corrections

United States District Court, W.D. Pennsylvania

January 22, 2015

THOMAS R. GALLOWAY, JR., Petitioner,
v.
DEPARTMENT OF CORRECTIONS; COMMONWEALTH OF PENNSYLVANIA; TAMMY FERGUSON D.S. SCI Benner; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.

REPORT AND RECOMMENDATION

MAUREEN P. KELLY, Chief Magistrate Judge.

I. RECOMMENDATION

For the reasons that follow, it is respectfully recommended that this Petition for Writ of Habeas Corpus by a Person in State Custody (the "Petition"), filed pursuant to 28 U.S.C. § 2254, be dismissed and that a certificate of appealability be denied.

II. REPORT

This Petition represents the latest in a string of unsuccessful attempts by Thomas R. Galloway ("Petitioner") to attack, or otherwise impugn, his state court conviction for being a felon in possession of a weapon. See, e.g., Galloway v. Westmoreland County Court, No. 2:11-cv-18 (W.D. Pa.); Galloway v. Trib Total Media, No. 3:11-cv-271 (W.D. Pa.); Galloway v. Westmoreland County Court, No. 2:11-cv-691 (W.D. Pa.); Galloway v. Westmoreland County Forensic Unit, No. 3:12-cv-36 (W.D. Pa.); Galloway v. Chris Haidze, No. 3:12-cv-39 (W.D. Pa.); Galloway v. Pennsylvania, No. 2:13-cv-960 (W.D. Pa.); Galloway v. Pennsylvania, No. 2:13-cv-1098 (W.D. Pa.). Because Petitioner fails to show that he is in custody in violation of the Constitution or laws of the United States, the Petition should be dismissed and because reasonable jurists would not disagree with the proposed disposition, a certificate of appealability should be denied.

A. Procedural and Factual History

Proceeding pro se, Petitioner has filed the Petition challenging his conviction for violating 18 Pa.C.S.A. § 6105 A(1), Person Not To Possess a Firearm. This conviction arose out of a shooting in a bar where Petitioner was shot and where Petitioner shot another person. The Petition raises the following four Grounds For Relief:

GROUND ONE: Subject Matter Jurisdiction Pennsylvania Attorney General must show authority for restraining Petitioner lawfully without a proper affidavit [supporting the arrest warrant]....

ECF No. 3 at 5.

GROUND TWO: New discovered evidence[.] Commonwealth must show cause for illegal detention, without a proper affidavit. Affidavit is void on its face.

Id. at 7.

GROUND THREE: Ineffective Counsel. Violation 6th Amendment... Robert Liotta, Esq[.], never interviewed DA's witnesses[, ] Amelia Lewis and Johnathan White. Had Mr. Liotta, Esq[.] properly talked to these witnesses counsel would of [sic] motioned the lower court to make them aware of the procedure error of a void affidavit.

Id. at 8.

GROUND FOUR: Prima Facie, on its face the affidavit is void. Without prima facie, Commonwealth must show cause for illegal detention and restrain[t] of ...

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