Long v. Brooks

Full title: BARRY LONG, Petitioner, v. WARDEN MARILYN BROOKS, et al, Respondents

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

Date published: Mar 14, 2007

C.A. No. 05-304 Erie (W.D. Pa. Mar. 14, 2007)

Opinion

C.A. No. 05-304 Erie.

March 14, 2007

MEMORANDUM ORDER

MAURICE COHILL JR., District Judge

This petition for writ of habeas corpus was received by the Clerk of Court on October 25, 2005, 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, filed on November 7, 2006, recommended that the petition for writ of habeas corpus 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 at SCI Albion, where he is incarcerated, and on Respondents. 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 14^th Day of March, 2007;

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED and that a certificate of appealability is DENIED.

The report and recommendation of Magistrate Judge Baxter, dated November 6, 2006, is adopted as the opinion of the court.