ROSA v. UNITED STATES OF AMERICA
JOSE ROSA |
UNITED STATES OF AMERICA and WARDEN, MOSHANNON VALLEY CORRECTION INSTITUTION |
3:2017cv00010 |
January 20, 2017 |
US District Court for the Western District of Pennsylvania |
Johnstown Office |
XX US, Outside State |
Cynthia Reed Eddy |
Kim R. Gibson |
General |
28 U.S.C. ยง 2241 |
None |
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Filing 17 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) |
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