Cooper v. Veshecco

Full title: WILLIAM SCOTT COOPER, Petitioner, v. JAMES VESHECCO, et al., Respondents

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

Date published: Sep 13, 2006

Civil Action No. 06-80 Erie (W.D. Pa. Sep. 13, 2006)

Opinion

Civil Action No. 06-80 Erie.

September 13, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on April 3, 2006, 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. 11], filed on August 24, 2006, recommended that Petitioner's Petition be dismissed for failure to exhaust and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail and on Respondents. No objections were filed. After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 13^th day of September, 2006;

IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus is DISMISSED for failure to exhaust and a certificate of appealability is DENIED.

The Report and Recommendation [Doc. No. 11] of Magistrate Judge Baxter, filed on August 24, 2006, is adopted as the opinion of the Court.