Brown v. Lawler

Full title: GREGORY GARRETT BROWN, Petitioner, v. RAYMOND LAWLER, et al., Respondents

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

Date published: Feb 3, 2010

Civil Action No. 09-103 Erie (W.D. Pa. Feb. 3, 2010)

Opinion

Civil Action No. 09-103 Erie.

February 3, 2010

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on May 5, 2009 and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 2], filed on May 19, 2009, recommended that Petitioner's Petition be dismissed for lack of jurisdiction and that a certificate of appealability be denied. It was further recommended that Petitioner's motion for leave to proceed in forma pauperis be dismissed. Petitioner was allowed ten (10) days from the date of service to file objections and service was made on Petitioner by certified mail. Petitioner filed objections on June 4, 2009 [Doc. No. 3]. After de novo review of the petition and documents in the case, together with the Report and Recommendation and objections thereto, the following order is entered:

AND NOW, this 3^rd day of February, 2010;

IT IS HEREBY ORDERED that the Petitioner's Petition is DISMISSED for lack of jurisdiction and a certificate of appealability is DENIED. It is further ORDERED that Petitioner's motion for leave to proceed in forma pauperis is DISMISSED.

The Report and Recommendation [Doc. No. 2] of Magistrate Judge Baxter, filed on May 19, 2009, is adopted as the opinion of the Court.