BROWN v. KLEM

Full title: GEORGE BROWN, Petitioner, v. EDWARD KLEM, SUPERINTENDENT, S.C.I. MAHANOY…

Court: United States District Court, W.D. Pennsylvania

Date published: Apr 28, 2006

Civil Action No. 05-376J (W.D. Pa. Apr. 28, 2006)

Opinion

Civil Action No. 05-376J.

April 28, 2006

MEMORANDUM ORDER

KIM GIBSON, District Judge

This matter was referred to Magistrate Judge Keith A. Pesto for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and subsections 3 and 4 of Local Rule 72.1 for Magistrate Judges.

The Magistrate Judge filed a Report and Recommendation on April 14, 2006, docket no. 4, recommending that the petitioner's petition for a writ of habeas corpus be summarily denied for failure to prosecute and as barred under 28 U.S.C. § 2244(b) (1), and that a certificate of appealability be denied.

The petitioner was notified that pursuant to 28 U.S.C. § 636(b)(1), he had ten days to serve and file written objections to the Report and Recommendation. The petitioner sent timely objections, docket no. 5, which are meritless, but has still not paid the filing fee or submitted a motion for leave to proceedin forma pauperis.

After de novo review of the record of this matter together with the Report and Recommendation, and the objections thereto, the following order is entered:

AND NOW, this 28 ^th day of April 2006, it is

ORDERED that the petitioner's petition for a writ of habeas corpus is dismissed for failure to prosecute and as barred by 28 U.S.C. § 2244(b)(1). A certificate of appealability is denied. The Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed.