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finding no violation of procedural or substantive due process where inmates were kept on death row after death sentence vacated but before resentencing
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Civil Action No. 12-944
01-22-2014
CRAIG WILLIAMS, Plaintiff, v. JOHN WETZEL, et al., Defendants.
District Judge Mark R. Hornak
Chief Magistrate Judge Lisa Pupo Lenihan
MEMORANDUM ORDER
Pending before the Court is a Motion for Summary Judgment filed by the Defendants (ECF No. 36) and the Report and Recommendation of Chief Magistrate Judge Lenihan (ECF No. 44) who recommended that the Motion for Summary Judgment be granted. The parties were served with the Report and Recommendation and informed that they had until December 26, 2013, to file written objections. Plaintiff filed objections on December 19, 2013. (ECF No. 45).
Upon thorough review, the Court finds that Plaintiff's objections do not undermine the magistrate judge's recommendation. Therefore, after de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the objections thereto, the following order is entered.
AND NOW, this 22nd day of January, 2014,
IT IS HEREBY ORDERED that Defendants' Motion for Summary Judgment (ECF No. 36) is GRANTED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 44) is ADOPTED as the opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
__________
Mark R. Homak
United States District Judge
cc: Craig Williams
BX-9919
SCI Albion
10745 Route 18
Albion, PA 16475
(Via First Class Mail)
Counsel of Record
(Via ECF Electronic Mail)