ROSA v. UNITED STATES OF AMERICA
Petitioner: JOSE ROSA
Respondent: UNITED STATES OF AMERICA and WARDEN, MOSHANNON VALLEY CORRECTION INSTITUTION
Case Number: 3:2017cv00010
Filed: January 20, 2017
Court: US District Court for the Western District of Pennsylvania
Office: Johnstown Office
County: XX US, Outside State
Presiding Judge: Cynthia Reed Eddy
Presiding Judge: Kim R. Gibson
Nature of Suit: General
Cause of Action: 28 U.S.C. ยง 2241
Jury Demanded By: None

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Date Filed Document Text
July 31, 2017 Opinion or Order 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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Petitioner: JOSE ROSA
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Respondent: UNITED STATES OF AMERICA
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Respondent: WARDEN, MOSHANNON VALLEY CORRECTION INSTITUTION
Represented By: Michael Comber
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