Howell v. Lamas

Full title: JOSEPH HOWELL, Petitioner, v. MARIROSA LAMAS, SUPERINTENDANT AT S.C.I…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jun 4, 2014

2:12cv884 (W.D. Pa. Jun. 4, 2014)

Opinion

2:12cv884

06-04-2014

JOSEPH HOWELL, Petitioner, v. MARIROSA LAMAS, SUPERINTENDANT AT S.C.I. ROCKVIEW; THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; THE DISTRICT ATTORNEY OF THE COUNTY OF ALLEGHENY, Respondents.

DAVID STEWART CERCONE

Electronic Filing

Judge David Stewart Cercone /

Magistrate Judge Maureen P. Kelly

Re: ECF No. 21

MEMORANDUM ORDER

The above-captioned pro se Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (the "Petition") was received by the Clerk of Court on June 27, 2012, and was referred to Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.

Respondents filed a Motion to Dismiss the Petition. ECF No. 21. Magistrate Judge Kelly's Report and Recommendation, ECF No. 25, filed on May 5, 2014, recommended that the Motion to Dismiss be denied albeit without prejudice to raising in the Answer those defenses raised in the Motion to Dismiss and addressing some additional issues. The parties were informed that, in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and the local rules, they had a until May 22, 2014 to file objections. No objections were filed. Accordingly, after de novo review of the pleadings and the documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 4th day of June 2014,

IT IS HEREBY ORDERED that the Motion to Dismiss is hereby DENIED without prejudice to raising the defenses in the Answer and addressing the issues noted in the Report.

IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 25, filed on May 5, 2014, by Magistrate Judge Kelly, is adopted as the opinion of the Court.

IT IS FURTHER ORDERED that no later than June 27, 2014, the Respondents are to file their Answer to the Petition. The Respondents are also ordered to cause the original State Court record to be transmitted to the Clerk of this Court no later than July 7, 2014.

__________

DAVID STEWART CERCONE

UNITED STATES DISTRICT JUDGE
cc: The Honorable Maureen P. Kelly

United States Magistrate Judge

JOSEPH HOWELL

FS 7695

1100 Pike Street

Huntingdon, PA 16654-1112

(Via First Class Mail)

Rusheen R. Pettit, Esquire

(Via CM/ECF Electronic Mail)