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16-1728 - AIELLO v. WETZEL et al


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16-1728 - AIELLO v. WETZEL et al
January 13, 2017
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REPORT AND RECOMMENDATION re 4 Petition for Redress of Grievances, recommending that it be treated as a Petition for Writ of Habeas Corpus filed by RONALD A. AIELLO and as such be dismissed because it is second or successive and the District Court lacks jurisdiction over such second or successive habeas petitions and that a certificate of appealability be denied. Objections to R&R due by 1/27/2017. Objections to R&R for Unregistered ECF Users due by 1/30/2017. Signed by Chief Magistrate Judge Maureen P. Kelly on 1-13-2017. A copy of the Report together with this Notice of Electronic Filing are being mailed to Petitioner at his address of record via first class mail. (tmr) Modified on 1/17/2017 to add additional docket text. (ksa)
February 10, 2017
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ORDER adopting Report and Recommendations re 5 Report and Recommendations. IT IS HEREBY ORDERED that the petition for redress of grievance be treated as a petition for writ of habeas corpus and is DISMISSED as successive. The Clerk of Court shall mark this CASE CLOSED. IT IS FURTHER ORDERED that the petition for a writ of habeas corpus filed by petitioner is dismissed and, because reasonable jurists could not conclude that a basis for appeal exists, a certificate of appealability is denied. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Federal Rule of Appellate Procedure 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. Signed by Chief Judge Joy Flowers Conti on 2/10/2017. (smc)