PAHUTSKI v. KIRBY et al
| MICHAEL D. PAHUTSKI |
| MARC A. KIRBY and UNITED STATES OF AMERICA |
| 3:2014cv00270 |
| December 12, 2014 |
| US District Court for the Western District of Pennsylvania |
| Johnstown Office |
| Clearfield |
| Kim R. Gibson |
| Maureen P. Kelly |
| General |
| 28 U.S.C. ยง 2241 |
| None |
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Filing
12
ORDER - IT IS HEREBY ORDERED that 3 Petition is dismissed pre-service as jurisdictionally improper. IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 5 , filed on January 9, 2015, by Chief Magistrate Judge Kelly, is adopted as the opinion of the Court except for the single line in the Recommendation part that states "A certificate of appealability should be denied" ECF No. 5 at 1, given that the Report correctly stated in its conclusion that no certificate of appe alability is needed in Section 2241 cases filed by federal prisoners. Id., at 9. All pending motions are denied as moot, including the pending Motion for Bail, ECF No. 10 . The Clerk is to mark the case closed, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 2/3/2015. (dlg)
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