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Rambert v. Krasner

United States District Court, E.D. Pennsylvania

July 22, 2019

ERIC X. RAMBERT, Petitioner,
v.
LAWRENCE KRASNER, PHILLY D.A., GEORGE MURPHY, A.D.A. PHILLY, and ANTHONY V. POMERANZ, A.D.A, Respondents.

          ORDER

          EDWARD G. SMITH, J.

         AND NOW, this 22nd day of July, 2019, after considering: (1) the petition for writ of habeas corpus purportedly under 28 U.S.C. § 2241 filed by the pro se petitioner, Eric X. Rambert (“Rambert”) (Doc. No. 2); (2) Rambert's amended petition for writ of habeas corpus (Doc. No. 7); (3) Rambert's “Amended Memorandum of Law in Support of [His] Amended Petition for the Pending Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. No. 8); the report and recommendation by United States Magistrate Judge Lynne A. Sitarski (Doc. No. 13); and Rambert's timely objections to the report and recommendation (Doc. No. 14); accordingly, it is hereby ORDERED as follows:

1. The clerk of court is DIRECTED to REMOVE this action from civil suspense and RETURN it to the court's active docket;
2. Rambert's objections to the report and recommendation (Doc. No. 14) are OVERRULED;[1]
3. The Honorable Lynne A. Sitarski's report and recommendation (Doc. No. 13) is APPROVED and ADOPTED;
4. Rambert's petition for writ of habeas corpus (Doc. No. 2), as amended and supplemented by his amended petition and memorandum of law (Doc. Nos. 7, 8) is DISMISSED WITHOUT PREJUDICE for lack of jurisdiction;
5. Rambert has not made a substantial showing of the denial of a constitutional right and is therefore not entitled to a certificate of appealability, 28 U.S.C. § 2253(c)(2); and
6. The clerk of court shall mark this case as CLOSED.

---------

Notes:

[1] The court conducts a de novo review and determination of the portions of the report and recommendation by the magistrate judge to which there are objections. See 28 U.S.C. § 636(b)(1) (“A judge of the court shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.”); see also E.D. Pa. Loc. R. Civ. P. 72.1(IV)(b) (providing requirements for filing objections to magistrate judge's proposed findings, recommendations or report).

As noted by Judge Sitarski in her report, after Rambert pleaded guilty to Rape, Burglary, and Robbery in the Court of Common Pleas of Philadelphia County in November 1983, the Honorable James D. McCrudden, now deceased, sentenced him to a period of incarceration for a minimum of ten years to a maximum of 25 years. See R&R at 1-2; see also Commonwealth v. Rambert, No. 3634 EDA 2017, 2018 WL 4402132, at *1 (Pa. Super. Sept. 17, 2018) (describing Rambert's plea and sentence); Docket, Commonwealth v. Rambert, No. CP-51-CR-625331-1983 (Phila. Ct. Com. Pl.), available at: https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-51-CR-0625331-1983&dnh=xbeFf23VPCzZezVspHck6g%3d%3d (last visited July 19, 2019). While incarcerated under this sentence, a jury sitting in the Allegheny County Court of Common Pleas found him guilty of Assault by a Prisoner, Riot, and Conspiracy. See R&R at 2; see also Commonwealth v. Rambert, No. 320 WDA 2013, 2013 WL 11250338, at *1 (Pa. Super. Nov. 12, 2013) (describing verdict); Docket, Commonwealth v. Rambert, No. CP-02-CR-2765-1987 (Allegheny Ct. Com. Pl.), available at: https://ujsportal.pacourts.us/DocketSheets/CPReport.ashx?docketNumber=CP-02-CR-0002765-1987&dnh=ZUmJDQkY9%2b5802T8I2keeg%3d%3d (last visited July 19, 2019). The Honorable Robert E. Dauer, now deceased, sentenced Rambert to a period of incarceration for a minimum of six years to a maximum of 25 years in November 1987. See R&R at 2; Rambert, 2013 WL 11250338, at *1 (describing sentence). This sentence was to run consecutive to the sentence imposed in Philadelphia County. See R&R at 2; see also Pet'r's Opp. to R&R at 1, Doc. No. 14 (“While serving the illegal sentence [imposed in Philadelphia County] the Petitioner was found guilty of assault by Prisoner, riot and criminal conspiracy and sentenced to a 6-25 year term of imprisonment, to run consecutively with the prior sentence.”).

Judge Sitarski noted that Rambert is contending in his habeas petition that he completed his term of imprisonment and is currently unlawfully detained. See R&R at 2. Judge Sitarski also explained that Rambert has filed (1) many challenges to the calculation of his sentence in federal court and multiple habeas petitions. See Id. (citing cases). He also appears to have filed numerous petitions in the state courts under Pennsylvania's Post Conviction Relief Act (“PCRA”). See Commonwealth v. Rambert, No. 1395 WDA 2018, 2019 WL 1513167, at *1 (Pa. Super. Apr. 5, 2019) (stating that Rambert had filed eleven PCRA petitions in No. CP-02-CR-2765-1987); Rambert, 2018 WL 4402132, at *1 (stating that Rambert had filed ten PCRA petitions in No. CP-51-CR-625331-1983).

Although Rambert purported to assert the instant petition under 28 U.S.C. § 2241, see Doc. No. 2, Judge Sitarski explained that because he was challenging the execution of his sentence, the court must consider it under 28 U.S.C. § 2254. See R&R at 1, n.1 (citing Coady v. Vaughn, 251 F.3d 480, 485 (3d Cir. 2001)). Judge Sitarski also pointed out that because Rambert had already filed at least five habeas petitions challenging the aggregation of his sentences, and at least four petitions where he challenged his underlying conviction, “the petition is subject to the authorization requirements of 28 U.S.C. § 2244(b).” Id. at 3. As Rambert did not receive prior approval from ...


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