IN THE UNITED STATES DISTRICT COURT

FOR THE

MIDDLE DISTRICT OF PENNSYLVANIA

JERMAINE WEEKS, :

:

Petitioner :

:

v. : CIVIL NO. 4:CV-15-2211

:

CYNTHIA LINK, : (Judge Brann)

:

Respondent :

MEMORANDUM

January 7, 2016

Background

Jermaine Weeks, an inmate presently confined at the State Correctional

Institution, Graterford, Pennsylvania, (SCI-Graterford), filed this pro se habeas

corpus petition pursuant to 28 U.S.C. § 2254. Named as Respondent is

Superintendent Cynthia Link of SCI-Graterford.

Petitioner seeks federal habeas corpus relief pursuant to § 2254 with respect

to his October 19, 2010 conviction of possession of a firearm by a prohibited

person following a jury trial in the Court of Common Pleas of Lycoming County,

Pennsylvania. 

This Court issued an Order on December 1, 2015 which advised Petitioner,

in accordance with United States v. Miller, 197 F.3d 644 (3d Cir. 1999) and

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Mason v. Meyers, 208 F.3d 414 (3d Cir. 2000), that (1) he could have the petition

ruled on as filed; that is, as a § 2254 petition for writ of habeas corpus and heard

as such, but lose his ability to file a second or successive petition absent

certification by the United States Court of Appeals for the Third Circuit; or (2)

withdraw his petition and file one all-inclusive § 2254 petition within the one-year

statutory period prescribed by the Antiterrorism Effective Death Penalty Act

(“AEDPA”).1

 See Doc. 4. The Order additionally warned Weeks that if he

elected to withdraw his instant petition in order to file one all-inclusive petition,

the AEDPA’s statute of limitations might bar the filing of any such successive

petition.

Accompanying the Order was a Notice of Election form and Petitioner was

directed to notify this Court within forty-five (45) days as to how he wished to

proceed in this matter.

Weeks submitted an executed Notice of Election form dated December 29,

2015 wherein he notified this Court that he wished to withdraw his instant petition

for writ of habeas corpus so that he may file one, all-inclusive petition under 28

U.S.C. § 2254 within the one year-year time limit for filing such a petition.2

 See

1 Miller and Mason sought to prevent pro se litigants from unintentionally

defaulting federal claims through failure to assert them in a single petition.

2 Petitioner is forewarned that his new petition would have to be submitted

within the one year period of limitation authorized under 28 U.S.C. § 2244(d)(1). 

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Doc. 6. He also acknowledged that the AEDPA statute of limitations might bar

the filing of any such successive petition. See id.

Based upon an application of the standards announced in Miller and Mason

to Weeks’ announced intention that he does not wish to proceed with his present

petition, this Court is precluded from ruling upon his action as filed. 

Consequently, since Weeks has expressed that he does not wish to proceed with

his action, it will be dismissed without prejudice. An appropriate Order will enter.

BY THE COURT:

 s/ Matthew W. Brann 

Matthew W. Brann

United States District Judge

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