REED v. COLEMAN
Filing
15
ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; RESPONDENTS MOTION TO TRANSFER (DOC. NO. 11) IS GRANTED IN PART; THE PETITION AND AMENDED PETITION FOR WRIT OF HABEAS CORPUS (DOC. NOS. 1, 7 & 10) ARE DISMISSED WITHOUT PREJUDICE; PETI TIONER'S OBJECTIONS TO THE REPORT AND RECOMMENDATION ARE OVERRULED; PETITIONER'S REMAINING MOTION (DOC. NO. 13) IS DENIED AS MOOT. THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY. THE CLERK OF COURT SHALL MARK THIS CASE C LOSED FOR ALL PURPOSES AND TRANSFER THE PETITION AND RECORD TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT FOR IT TO CONSIDER WHETHER IT WILL GRANT PERNISSION FOR THE PETITION TO BE FILED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 10/27/11. 10/27/11 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED.(jpd)
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IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
LEROY REED,
Petitioner
v.
BRIAN COLEMAN, et al.,
Respondents
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CIVIL ACTION
NO. 11-4077
ORDER
AND NOW, this 27th day of October, 2011, upon careful and independent
consideration of the petition for Writ of Habeas Corpus, after review of the Report and
Recommendation of United States Magistrate Judge M. Faith Angell, and after
consideration of the Objections to the Report and Recommendation filed by the
Petitioner, IT IS HEREBY ORDERED that:
1.
The Report and Recommendation (Doc. No. 12) is APPROVED AND
ADOPTED.
2.
Pursuant to 28 U.S.C. § 2244(b)(3)(A), because this is a successive petition,
the Respondents’ Motion to Transfer Unauthorized Successive Habeas
Petition (Doc. No. 11) is GRANTED IN PART.1
3.
The petition and amended petitions for Writ of Habeas Corpus (Doc. Nos.
1, 7, & 10) are DISMISSED WITHOUT PREJUDICE.
1
The Respondents also argue that Mr. Reed should not be permitted to file a successive
petition because he committed perjury in failing to disclose his prior habeas proceeding and
because the current habeas petition is “conclusively time-barred.” This Court does not have
jurisdiction over Mr. Reed’s successive petition. Accordingly, I will leave these arguments for
the Third Circuit should Mr. Reed choose to seek proper authorization.
4.
Petitioner’s Objections to the Report and Recommendation (Doc. No. 14)
are OVERRULED.
5.
Petitioner’s remaining motion (Doc. No. 13) is DENIED AS MOOT.
6.
There is no probable cause to issue a certificate of appealability.
7.
The Clerk of Court shall mark this case CLOSED for all purposes and
transfer the petition and record to the United States Court of Appeals for the
Third Circuit for it to consider whether it will grant permission for the
petition to be filed.
BY THE COURT:
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.
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