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17-893 - ELY v. PSZCZOLKOWSKI et al


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17-893 - ELY v. PSZCZOLKOWSKI et al
February 20, 2018
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hia Reed Eddy on 2/20/2018. (Attachments: # (1) Exhibit - Docket; 08-cv-0001, # (2) Exhibit Memorandum Opinion, Order and Judgment; 08-cv-0001). (bsc)REPORT AND RECOMMENDATION re 4 Petition for Writ of Habeas Corpus, filed by GEORGE F. ELY. As explained in the attached Report and Recommendation, it is respectfully recommended that the petition be dismissed for lack of jurisdiction as this is a second or successive petition and that a certificate of appealability be denied. Petitioner's written objections, if any, are due by 3/9/2018; Respondents' written objections, if any, are due by 3/6/2018. Signed by Magistrate Judge Cynt
March 9, 2018
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MEMORANDUM ORDER indicating that, for reasons stated within, the petition for writ of habeas corpus is transferred to the United States Court of Appeals for the Third Circuit for consideration as an application to file a successive petition as required under 28 U.S.C. ยง 2244(b)(3) forthwith; that the Report and Recommendation (ECF No. 24) is adopted in part, as the opinion of this Court, to the extent set forth herein; that Petitioner's motion at ECF No. 25 is granted; that the Clerk of Court is ordered to mark this case closed. Signed by Judge Nora Barry Fischer on 3/9/18. (jg)