Opinion
Civil Action No. 2: 13-cv-00498
11-27-2013
CARLOS A. POWELL Petitioner, v. ORLANDO HARPER, et al., Respondents,
United States District Judge
Mark R. Homak
United States Magistrate Judge
Cynthia Reed Eddy
MEMORANDUM ORDER
Carlos A. Powell (hereinafter referred to as "Petitioner") initiated this action on April 8, 2013, by filing a pro se Motion for Leave to Proceed in forma pauperis (ECF No, 1.) The motion was granted on May 23, 2013 (ECF No. 4) and the Petition for Writ of Habeas Corpus was filed (ECF No. 5). At the time Plaintiff filed his Petition, he was in custody at the Allegheny County Jail.
On November 1, 2013, the Magistrate Judge filed a Report and Recommendation (ECF No. 14) recommending that the Petition be summarily dismissed for failure to satisfy the "in custody" requirement under 28 U.S.C. § 2254(a), that a certificate of appealability be denied, and that this case be closed. The parties were advised that written objections to the Report and Recommendation were to be filed by November 18, 2013. A copy of the Report and Recommendation was mailed to Petitioner at his listed address of record: the Allegheny County Jail, 950 2nd Avenue, Pittsburgh, PA 15219. On November 21, 2013, the envelope containing the Report and Recommendation was returned to the Court, unopened, with the handwritten notation "Gone" on the envelope. See ECF No. 15. To date, no objections have been filed.
After de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the following order is entered:
AND NOW, this day 27TH of November, 2013;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus filed by Petitioner Carlos A. Powell (ECF No. 5) be summarily DISMISSED for lack of jurisdiction,
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 14) dated November 1, 2013, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
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, the parties have thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
BY THE COURT:
________________
Mark R .Hornak
United States District Judge
cc: CARLOS A. POWELL
100043
950 2nd Ave.
Pittsburgh, PA 15219
Rusheen R. Pettit
Office of the District Attorney
Email: Rusheen.Pettit@da.allegheny.pa.us