Price v. Pa. Bd. of Prob. & Parole

Full title: MAURICE M. PRICE Petitioner, v. THE PENNSYLVANIA BOARD OF PROBATION AND…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: May 14, 2020

2:17-cv-376 (W.D. Pa. May. 14, 2020)

Opinion

2:17-cv-376

05-14-2020

MAURICE M. PRICE Petitioner, v. THE PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.

J. Nicholas Ranjan United States District Judge

MEMORANDUM ORDER

Currently pending before the Court is an Amended Petition for Writ of Habeas Corpus filed by Maurice M. Price. [ECF 15]. The Amended Petition was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72 of the Local Rules for Magistrate Judges.

On April 13, 2020, Magistrate Judge Lenihan entered a Report and Recommendation, recommending that the Amended Petition be denied and that a certificate of appealability also be denied. [ECF 28]. That Report and Recommendation was served on Mr. Price at both his address of record and the prison where the Pennsylvania Department of Corrections' inmate locator reflects that he is currently confined. [ECF 28; ECF 29]. Mr. Price was also informed that the deadline for filing objections to the Report and Recommendation was April 30, 2020. [Id.]. As of today, however, no objections have been filed.

Upon independent review of the Amended Petition and the record, and upon considerations of Magistrate Judge Lenihan's well-reasoned Report and Recommendation, the Court finds no clear error on the face of the record, and therefore enters the following order:

AND NOW, this 14^th day of May, 2020, it is ORDERED that the Report and Recommendation [ECF 28] is adopted as the Opinion of the Court.

IT IS FURTHER ORDERED that the Amended Petition for Writ of Habeas Corpus [ECF 15] is DENIED and that no certificate of appealability shall issue;

IT IS FURTHER ORDERED that, upon entry of final judgment by the Court, 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, Mr. Price has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

BY THE COURT:

/s/ J . Nicholas Ranjan

United States District Judge cc: Maurice M. Price

FM-3675

SCI Greene

175 Progress Drive

Waynesburg, PA 15370

Maurice M. Price

NY-2168

SCI Phoenix

1200 Mokychic Dr.

Collegeville, PA 19426

Counsel of record

(Via CM/ECF electronic mail)