Kopac v. Desuta

Full title: DAVID B. KOPAC, Petitioner, v. JOSEPH DESUTA, Respondent

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

Date published: Mar 27, 2006

Civil Action No. 04-355 Erie (W.D. Pa. Mar. 27, 2006)

Opinion

Civil Action No. 04-355 Erie.

March 27, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on December 6, 2004, 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. 17], filed on March 7, 2006, recommended that Petitioner's Petition [Doc. No. 4] be dismissed 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 Defendant. No objections were filed. Afterde novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 27^th day of March, 2006;

IT IS HEREBY ORDERED that the Plaintiff's Petition [Doc. No. 4] is DISMISSED and a certificate of appealability is DENIED.

The Report and Recommendation [Doc. No. 17] of Magistrate Judge Baxter, filed on March 7, 2006, is adopted as the opinion of the Court.