Opinion
Civil Aclion No. 11-1246
09-10-2012
WALTER LUBAWSKI, Petitioner, v. JOSEPH F. MAZURKIEWICZ, Superintendent of SCI-Greensburg; THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondents.
District Judge Nora Barry Fischer
MEMORANDUM ORDER
On September 29, 2011, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1) and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges
The Magistrate Judge filed a Report and Recommenda ion on August 16, 2012 (ECF No. 13) recommending that the Petition for Writ of Habeas Corpus be dismissed as moor and that at certificate of appealability be denied. Petitioner was served with the Report and Recommendation at his listed address and was advised that he had September 4, 2012 to file written objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 10 day of September, 2012:
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED AS MOOT.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 13) is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (3D) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
______________________
Nora Barry Fischer
United States District Judge
Walter Lubawski
CD-7288
S.C.I. Lane
165 SCI Lane
Greensburg, PA 15601