McCutchen v. Brooks

Full title: BRIAN McCUTCHEN, Petitioner, v. MARILYN S. BROOKS, et al. Respondents

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

Date published: Nov 29, 2007

CIVIL ACTION, NO. 07-1730 (E.D. Pa. Nov. 29, 2007)

Opinion

CIVIL ACTION, NO. 07-1730.

November 29, 2007

ORDER

LAWRENCE STENGEL, District Judge

AND NOW, this 29th day of November, 2007, upon careful and independent consideration of petitioner's pro se petition for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 (Docket No. 1), and after reviewing the Report and Recommendation of United States Magistrate Judge Peter B. Scuderi (Docket No. 11),¹ it is hereby ORDERED that:

1 Objections to the Report and Recommendation filed by Magistrate Judge Wells were due on or before October 16, 2007. The parties have not filed timely objections to the Report and Recommendation.

1. The Report and Recommendation is APPROVED and ADOPTED;

2. The petition filed pursuant to 28 U.S.C. § 2254 is DISMISSED WITHOUT PREJUDICE;

3. There is no basis for the issuance of a certificate of appealability.

4. The Clerk of Court shall mark this case as CLOSED for statistical purposes.