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Joseph v. Beard

United States District Court, E.D. Pennsylvania

March 27, 2015

ERIC JOSEPH Petitioner, Pro Se
v.
JEFFREY A. BEARD, et al. Respondents.

ORDER

NITZA I. QUIÑONES ALEJANDRO, J.

AND NOW, this 27th day of March 2015, upon consideration of Petitioner's "Rule 60(b)(6) Motion, " [ECF 33], and after careful and independent review of the Report and Recommendation of United States Magistrate Judge M. Faith Angell, [ECF 38], and Petitioner's objections filed thereto, [ECF 40], it is hereby ORDERED, consistent with the accompanying Memorandum Opinion filed on this day, that:

1. Petitioner's objections to the Report and Recommendation are OVERRULED.
2. The Report and Recommendation is APPROVED and ADOPTED.
3. The Petitioner's motion is deemed a 28 U.S.C. § 2254 petition for writ of habeas corpus and is DISMISSED without prejudice to seek authorization from the Third Circuit Court of Appeals to file a successive habeas petition pursuant to 28 U.S.C. § 2244(b)(4).
4. The Clerk of Court is directed to mark this matter CLOSED.

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