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15-123 - Harris v. Saad


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15-123 - Harris v. Saad
May 4, 2016
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REPORT AND RECOMMENDATIONS re: 1 Petition for Writ of Habeas Corpus filed by Gerald Harris and 12 MOTION to Dismiss by J. Saad. RECOMMENDATION: that 12 Motion to Dismiss be DENIED AS MOOT and this matter be DENIED and DISMISSED without prejudice to the Petitioners right to seek certification from the Third Circuit Court of Appeals to file a second or successive § 2255 motion. Written objections due within fourteen (14) days after being served with a copy of this Recommendation. Signed by Magistrate Judge James E. Seibert on 05/04/2016. Copy mailed to pro se petitioner by CMRR to his last known address as reflected on the docket sheet. (cwm) (Additional attachment(s) added on 5/4/2016: # (1) Certified Mail Return Receipt) (cwm).
June 6, 2016
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ter is ORDERED STRICKEN from the active docket of this Court. The Clerk is DIRECTED to enter a separate judgment order in favor of the Respondent. Signed by Chief Judge Gina M. Groh on 6/6/2016. Copy mailed to pro se petitioner by CMRR at his last known address as shown on the docket sheet. (cwm) (Additional attachment(s) added on 6/6/2016: # (1) Certified Mail Return Receipt) (cwm).ORDER ADOPTING REPORT AND RECOMMENDATION: the Court ORDERS that Magistrate Judge Seibert's 17 Report and Recommendation is hereby ADOPTED. Petitioner's 28 U.S.C. § 2241 1 petition is DISMISSED without prejudice to the Petitioner's right to seek the requisite authorization from the appropriate court of appeals to proceed under 28 U.S.C. § 2255. Petitioner's 19 Motion to Transfer is DENIED. Respondent's 12 Motion to Dismiss is DENIED AS MOOT. This mat