Opinion
Civil Action No. 12-64 Erie
10-03-2012
IRVIN DANIEL LINDSEY, Petitioner, v. DISTRICT ATTORENY'S OFFICE OF ERIE COUNTY, et al., Respondents.
Senior District Judge Maurice B. Cohill
Magistrate Judge Susan Paradise Baxter
MEMORANDUM ORDER
This habeas action filed by Petitioner, Irvin Daniel Lindsey, pursuant to 28 U.S.C. § 2254 was referred to United States Magistrate Judge Susan Paradise Baxter for a report and recommendation in accordance with 28 U.S.C. § 636(b)(1) and Rule 72 of the Local Rules for Magistrate Judges. On September 5, 2012, the Magistrate Judge issued a Report and Recommendation ("R&R") [ECF No. 29] in which she recommended that the petition be denied with respect to each of Petitioner's claims and that a certificate of appealability ("COA") be denied. Petitioner has filed Objections [ECF Nos. 30 and 31] to the R&R. Furthermore, the Magistrate Judge recommended that the Erie County Court of Common Pleas' motion to dismiss and strike [ECF No. 22] be granted.
Where, as here, Objections have been filed, the Court is required to make a de novo determination as to those portions of the R&R to which objections were made. See 28 U.S.C. § 636(b)(1). Accordingly, the Court has carefully examined de novo all arguments raised by Petitioner in his Objections and the Court agrees with the Magistrate Judge that he is not entitled to habeas relief or a COA on any of his claims. Petitioner's Objections are overruled and the Court approves and adopts the R&R in its entirety.
After de novo review of the documents in the case, together with the Report and Recommendation of the Plaintiff's Objections, the following Order is entered:
And now to-wit, this ___ day of ___ 2012, it is hereby ORDERED, ADJUDGED, and DECREED as follows:
1. The Petitioner's Petition for Writ of Habeas Corpus [ECF No. 7] is DENIED.
2. Defendant Erie County Court of Common Pleas' Motion to Dismiss [ECF No. 22] is GRANTED.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED. The Report and Recommendation of Magistrate Judge Baxter dated September 5, 2012 [ECF No. 29] is adopted as the Opinion of the Court. The Clerk shall mark this case CLOSED.
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Maurice B. Cohill
Senior United States District Court Judge
Western District of Pennsylvania