Earle v. Sobina

Full title: THOMAS EARLE, Plaintiff, v. RAYMOND SOBINA, et al. Defendants

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

Date published: Mar 16, 2011

C.A. No. 08-106 Erie (W.D. Pa. Mar. 16, 2011)

Opinion

C.A. No. 08-106 Erie.

March 16, 2011

ORDER

MAURICE COHILL JR., District Judge

Plaintiff's petition was received by the Clerk of Court on April 30, 2008 (Doc. 3), 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, filed on February 9, 2011 (Doc. 12), recommended that the Petition for Writ of Habeas Corpus be dismissed and that a certificate of appealability be denied. The parties were allowed until February 28, 2011 to file objections. Service was made on Plaintiff at SCI Albion, where he is incarcerated, and on Defendants. No objections were filed. After de novo review of the petition, response, and relevant documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 16^th day of March, 2011, it is HEREBY ORDERED, ADJUDGED, and DECREED that the Petition for Writ of Habeas Corpus be DISMISSED as premature.

IT IS FURTHER ORDERED that the certificate of appealability be DENIED. The report and recommendation, dated February 9, 2011, is adopted as the opinion of the court.