United States District Court, M.D. Pennsylvania
RICHARD CAPUTO UNITED STATES DISTRICT JUDGE
Sierra, a Pennsylvania state inmate proceeding pro
se and in forma pauperis, initially filed the
instant petition for writ of habeas corpus pursuant to 28
U.S.C. § 2254 in the United States District Court for
the Western District of Pennsylvania on January 3, 2017. (ECF
No. 1.) The petition was transferred on August 3, 2017,
pursuant to 28 U.S.C. § 2241(d). (ECF No. 9.)
as Respondents are former Pennsylvania Attorney General
Kathleen Kane and, the former Superintendent of the Albion
State Correctional Institution (SCI-Albion), Nancy Giroux.
Mr. Sierra is housed at SCI-Albion in Albion,
Pennsylvania. In his petition, Mr. Sierra challenges his
1998 state sentence in the Lebanon County Court of Common
review of the petition has been undertaken, see R. Governing
§ 2254 Cases R. 4,  and for the reasons that follow, the
petition will be dismissed as a successive petition filed
without authorization from the United States Court of Appeals
for the Third Circuit as required by 28 U.S.C. §
September 11, 1998, following a jury trial in the Lebanon
County Court of Common Pleas, Mr. Sierra and a co-defendant
were found guilty of the following offenses: criminal attempt
to commit criminal homicide (three counts) graded in the
third degree; aggravated assault (six counts); reckless
endangerment (three counts), unlawful restraint (three
counts); arson (three counts), theft (three counts),
attempted theft (three counts), robbery (eight counts), and
criminal conspiracy (one count). See Commonwealth v.
Sierra, CP-38-CR-1239-1997 (Pa. Ct. Com. Pl. Lebanon
Cty.) Mr. Sierra was sentenced to an aggregate
term of twenty (20) to sixty (60) years' imprisonment. On
November 18, 1998, his post-sentence motions were denied.
Sierra filed a direct appeal to the Superior Court of
Pennsylvania. See Commonwealth v. Sierra, 111 MDA
1999 (Pa. Super. Ct.). Shortly thereafter, Petitioner filed a
motion under the Pennsylvania Post Conviction Relief Act
(PCRA), 42 Pa. Cons. Stat. § 9541 et seq.,
which was denied based on the status of his direct appeal. On
October 13, 1999, the Superior Court dismissed Mr.
Sierra's direct appeal due to his failure to file a
February 16, 2000, Petitioner filed a second PCRA petition.
On May 12, 2000, the trial court granted Mr. Sierra leave to
file an appeal nunc pro tunc. On May 2, 2001, the
Superior Court affirmed Petitioner's conviction and
sentence. See Commonwealth v. Sierra, 1409 MDA 2000
(Pa. Super. Ct.). Petitioner did not file an appeal to the
Pennsylvania Supreme Court.
Sierra did not file any further pleadings until 2004 when he
filed a petition to vacate. On March 23, 2004, the sentencing
court summarily denied the petition. Mr. Sierra then filed an
appeal with the Superior Court of Pennsylvania. See
Commonwealth v. Sierra, 593 MDA 2004 (Pa. Super. Ct.).
The Superior court denied relief on October 7, 2004, and the
Pennsylvania Supreme Court denied Petitioner's request
for allowance of appeal on April 19, 2005.
September 12, 2005 Mr. Sierra filed a petition for writ of
habeas corpus (first petition) in the United States District
Court for the Eastern District of Pennsylvania. The matter
was transferred to this Court on March 23, 2006. See
Sierra v. Diguglielmo, Civ. No. 3:CV-06-0604 (M.D. Pa.).
On July 18, 2006, following a review of Mr. Sierra's
petition and Respondents' response, the Petition was
dismissed on the basis that it was untimely. By order dated
January 25, 2007, the United States Court of Appeals for the
Third Circuit denied Mr. Sierra's request for a
certificate of appealability. See Sierra v.
Diguglielmo, C.A. No. 06-3750 (3d Cir., Jan. 25, 2007).
January 3, 2017, Mr. Sierra filed the present petition for
writ of habeas corpus (second petition) with the United
States District Court for the Western District of
Pennsylvania. The Western District directed Mr. Sierra to
file an amended habeas petition challenging either his
judgment sentence imposed by the Court of Common Pleas of
Erie County or Lebanon County, but not both in the same
petition. (ECF No. 5.) Mr. Sierra filed an amended petition
on February 16, 2017. (ECF No. 6). The Western District
administratively closed the case advised Petition that should
he file a proper Petition, the case would be reopened. (ECF
No. 7.) On August 2, 2017, Mr. Sierra filed a second amended
habeas petition (ECF No. 8) challenging his Lebanon County
sentence. The Western District promptly transferred the
matter to this Court pursuant to 28 U.S.C. § 2241(d).
(ECF No. 9.)
thereafter Mr. Sierra filed a document entitled “Motion
of Petitioner, ” (ECF No. 11) asking the Western
District to process his second amended habeas petition and
over three hundred and thirty pages of supporting exhibits.
(Id.) Petitioner did not file a brief in support of
second amended habeas petition, Mr. Sierra contends that
“no judgment of conviction [from the Lebanon County
Court of Common Pleas] exists, and while restrained liberty
of Sierra is apparent, whatever so be, all this from its
inception is without authority, void and reference to the
same as it is anything flowing from the 1998 Jury verdict to
this present petition does not serve to give the illegality