Maldonado v. McCullough

Full title: MARIO MALDONADO, Petitioner, v. JOHN McCULLOUGH, WARDEN, S.C.I. HOUTZDALE…

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

Date published: Jan 27, 2009

Case No. 3:01-cv-248-KRG-KAP (W.D. Pa. Jan. 27, 2009)

Opinion

Case No. 3:01-cv-248-KRG-KAP.

January 27, 2009

MEMORANDUM ORDER

KIM GIBSON, District Judge

This matter was referred to Magistrate Judge Keith A. Pesto in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1) and (3). The Magistrate Judge filed a Report and Recommendation on December 31, 2008, docket no. 26, recommending that the petitioner's Rule 60 motion, docket no. 25, be denied.

The parties were notified that pursuant to 28 U.S.C. § 636(b)(1), they had ten days to serve and file written objections to the Report and Recommendation. Petitioner filed meritless objections, docket no. 27.

Upon de novo review of the record of this matter, the Report and Recommendation, and the timely objections thereto, the following order is entered:

AND NOW, this 27^th day of January, 2009, it is

ORDERED that petitioner's Motion for Equitable Relief, docket no. 25, is denied. The Report and Recommendation is adopted as the opinion of the Court. No certificate of appealability shall issue.

Notice by ECF to counsel of record and by U.S. Mail to:

Mario Maldonado DG-3437

S.C.I. Dallas

1000 Follies Road

Drawer K

Dallas, PA 18612

William W. Matz, Esquire

Northampton County District Attorney's Office

669 Washington Street

Easton, PA 18042