IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

PIANTONI GOREA, :

 :

 Petitioner : No. 4:CV-06-625

 : 

 v. : Petition filed 3/27/06

 : 

UNITED STATES DISTRICT COURT : (Judge Muir)

FOR THE DISTRICT OF CALIFORNIA, :

 : 

 Respondent : 

________________________________________________________________

PIANTONI GOREA, :

 :

 Petitioner : No. 4:CV-06-0804

 : 

 v. : Petition filed 4/18/06

 : 

JOHN ASHCROFT, ET AL., : (Judge Muir)

 :

 : 

 Respondents :

 ORDER

May 18, 2006

THE BACKGROUND OF THIS ORDER IS AS FOLLOWS:

On April 18, 2006, Petitioner, Piantoni Gorea, an inmate

at the York County Prison, York, Pennsylvania, filed to Case No.

06-804 a petition for writ of habeas corpus pursuant to 28 U.S.c.

§ 2241. Petitioner filed an application to proceed in forma

pauperis. Also, Gorea previously filed a petition for writ of

habeas corpus in the United States District Court for the Central

District of California. That case was transferred to and filed to

Case No. 06-625 in this district on March 27, 2006. In each case

Gorea challenges a final order of deportation issued by an

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Immigration Judge. The cases were assigned to us but referred to

Magistrate Judge Thomas M. Blewitt for preliminary consideration.

On April 25, 2006, Magistrate Judge Blewitt filed a

report in each case recommending that pursuant to the Real ID Act

the cases should be consolidated and the consolidated habeas

petition dismissed because this court lacks jurisdiction.

Objections to the report of a Magistrate Judge may be

filed within 10 days after the report is served on the parties.

M.D.Pa. Local Rule 72.31. Gorea has not filed objections to the

reports of Magistrate Judge Blewitt. The matter became ripe for

decision on May 12, 2006. When no objections are filed to the

report of a Magistrate Judge, we need only review that report as we

in our discretion deem appropriate. Thomas v. Arn, 474 U.S. 140,

151-52 (1985).

In an 11-page report filed in each case Magistrate Judge

Mannion explained why the cases should be consolidated and the

consolidated habeas petitions dismissed. We will not repeat that

explanation other than to state that this court does not have

jurisdiction to entertain a challenge to a final order of

deportation. In order to challenge the final order of deportation,

Gorea is required to file a petition for review with the Court of

Appeals for this circuit. Kamara v. Attorney General, 420 F.3d

202, 209 (3d Cir. 2005).

We find no error in Magistrate Judge Blewitt’s report and

because no objections have been filed to it, we shall adopt it as

our own, consolidate the above-captioned cases and dismiss the

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consolidated habeas petitions.

 NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

1. The report of Magistrate Judge Blewitt filed in each

of the above cases on April 25, 2006, is adopted in toto. 

2. Gorea’s applications to proceed in forma pauperis are

granted solely for the purpose of filing the petitions.

3. Gorea’s motion to stay deportation (Doc. 4) filed in

Civil No. 06-804 is denied.

4. The Clerk of Court is directed to consolidate Civil

No. 06-804 into Civil No. 06-625.

5. The Clerk of Court shall close Civil No. 06-804.

6. The consolidated habeas petitions are dismissed.

7. The Clerk of Court shall close Civil No. 06-625.

8. The Clerk of Court shall send a copy of this order to

Magistrate Judge Blewitt.

9. Any appeal from this order will be deemed frivolous,

without probable cause, and not taken in good faith.

 

 s/Malcolm Muir 

 MUIR, U.S. District Judge

MM:gs

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