Olivo v. U.S.

Full title: JOSE OLIVO, Petitioner, v. UNITED STATES OF AMERICA, Respondent

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

Date published: Apr 3, 2006

Civil Action No. 05-36 Erie (W.D. Pa. Apr. 3, 2006)

Opinion

Civil Action No. 05-36 Erie.

April 3, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This petition for writ of habeas corpus was received by the Clerk of Court on January 28, 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 March 14, 2006, recommended that the petition for writ of habeas corpus be dismissed as moot inasmuch as the Petitioner has been released from federal custody. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner at his most recent address of record (last updated April 28, 2005 [see Doc. # 6]) and upon Respondent. Petitioner has filed no objections to Magistrate Judge Baxter's Report and Recommendation. After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 3^rd day of April, 2006,

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as moot.

The Report and Recommendation of Magistrate Judge Baxter, filed on March 14, 2006 [Doc. # 11], is adopted as the opinion of the Court.