Hockenberry v. Patrick

Full title: JOHN A. HOCKENBERRY, Petitioner, v. GEORGE PATRICK, SUPERINTENDENT, S.C.I…

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

Date published: May 31, 2006

Civil Action No. 04-185J (W.D. Pa. May. 31, 2006)

Opinion

Civil Action No. 04-185J.

May 31, 2006

MEMORANDUM ORDER

KIM GIBSON, District Judge

This matter was referred to Magistrate Judge Keith A. Pesto for a Report and Recommendation 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 May 8, 2006, docket no. 15, recommending that the petition for a writ of habeas corpus be denied without prejudice as unexhausted, and that a certificate of appealability 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 filed timely objections, docket no. 16, which are meritless.

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

AND NOW, this 31^st day of May, 2006, it is

ORDERED that the petitioner's petition for a writ of habeas corpus is denied. 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.