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17-010 - ROSA v. UNITED STATES OF AMERICA


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17-010 - ROSA v. UNITED STATES OF AMERICA
June 27, 2017
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REPORT AND RECOMMENDATION re 2 Petition for Writ of Habeas Corpus. It is respectfully recommended that the petition for writ of habeas corpus filed by Petitioner, Jose Rosa, be dismissed without prejudice and this case be closed. Respondents' Objections to R&R due by 7/12/2017. Petitioner's Objections to R&R due by 7/17/2017. Signed by Magistrate Judge Cynthia Reed Eddy on 6/27/2017. (bsc)
July 31, 2017
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MEMORANDUM ORDER - it is Ordered that the instant petition for writ of habeas corpus is DISMISSED for failure to exhaust administrative remedies. It is further Ordered that the Report and Recommendation filed June 27, 2017, (ECF No. 16) is ADOPTED as the opinion of the Court. It is further Ordered that, pursuant to Federal Rule of Appellate Procedure 4(a)(1)(B), Petitioner has sixty (60) days after judgment is entered to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Federal prisoner appeals from the denial of a Section 2241 habeas proceeding are not governed by the certificate of appealability requirement. See United States v. Cepero, 224 F.3d 256, 264-65 (3d Cir. 2000) (en banc), abrogated on other grounds by Gonzalez v. Thaler, 132 S.Ct. 641 (2012). Therefore, Petitioner need not apply for one with this Court or with the Court of Appeals for the Third Circuit before filing an appeal from the denial of his habeas petition. It is further Ordered that the Clerk of Court mark this case CLOSED, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 7/31/2017. (dlg)