Opinion
CIVIL ACTION NO. 09-3815
02-23-2012
CHARLES MELTON v. COMMONWEALTH OF PENNSYLVANIA ET AL.
ORDER
AND NOW, this 23th day of February, 2012, upon consideration of Petitioner Charles Melton's Petition for Writ of Habeas Corpus (ECF No, 1), and after review of the Report and Recommendation of United States Magistrate Judge Thomas J. Rueter (ECF No. 13), it is ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED.
Petitioner did not file objections to the Report and Recommendation. Petitioner did submit a Letter (ECF No. 15) asserting that he had not been informed about Pennsylvania's Accelerated Rehabilitative Disposition program prior to trial, Petitioner does not object to the Magistrate Judge's finding that he was not "in custody" when he filed the instant Petition, Since Petitioner was not in custody at the time that the Petition was filed, this Court lacks jurisdiction. Obado v. New Jersey, 328 F.3d 716, 717 (3d Cir. 2003),
3. The Petition for Writ of Habeas Corpus is DISMISSED.
4. No Certificate of Appealability shall issue.
A certificate of appealability only issues if reasonable jurists could disagree with the Court's disposition of this matter. Slack v. McDaniel, 529 U.S. 473,484 (2000). No reasonable jurist could disagree with our conclusion that we lack jurisdiction over Petitioner's claims.
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IT IS SO ORDERED.
BY THE COURT:
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R. BARCLAY SURRICK, J.