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05-3444 - HARPER v. DIGUGLIEMO et al


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05-3444 - HARPER v. DIGUGLIEMO et al
May 11, 2006
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MEMORANDUM AND ORDER AS FOLLOWS: THE CLAIMS NUMBERED IN THE PETITION FOR WRIT OF HABEAS CORPUS AS (2), (3), (4), (6), (8), (10), (12.A), AND (13) ARE DISMISSED PURSUANT TO 28 U.S.C. SEC. 2244(b)(1) ON THE GROUND THAT THEY WERE PREVIOUSLY RAISED AND DENIED; AND THE REMAINING CLAIMS NUMBERED IN THE PETITION FOR WRIT OF HABEAS CORPUS AS (1), (5), (7), (9), (11), AND (12.B) ARE TRANSFERRED TO THE U.S. COURT OF APPEALS FOR THE THIRD CIRCUIT PURSUANT TO 28 U.S.C. SEC. 1631 FOR A DECISION ON THE QUESTION WHETHER TO AUTHORIZE THIS COURT TO CONSIDER THE CLAIMS AS PART OF PETITIONER'S SECOND HABEAS PETITION. SIGNED BY JUDGE JAN E. DUBOIS ON 5/11/06. 5/12/06 ENTERED AND COPIES MAILED.(fb)