Edwards v. Yost

Full title: MILES EDWARDS, Petitioner v. JOHN YOST, WARDEN, F.C.I. LORETTO, Respondent

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

Date published: Oct 27, 2008

Case No. 3:07-cv-57-KRG-KAP (W.D. Pa. Oct. 27, 2008)

Opinion

Case No. 3:07-cv-57-KRG-KAP.

October 27, 2008

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 October 10, 2008, docket no. 10, recommending that the petitioner's petition for a writ of habeas corpus be denied.

The parties were notified that pursuant to 28 U.S.C. § 636(b)(1), they had ten days to serve and file written objections to the Report and Recommendation. Petitioner did not file timely objections, but did file a timely motion seeking a ninety day extension of time to file objections, docket no. 11. After consideration of the record of this matter, that motion is denied.

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

AND NOW, this 27^th day of October 2008, it is

ORDERED that the petitioner's petition for a writ of habeas corpus is denied. The Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed.