Ramos v. Walsh

Full title: JOSE ANTONIO RAMOS, Petitioner, v. JEROME WALSH, et al., Respondents.

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

Date published: Oct 12, 2011

Civil Action No. 10-31 Erie (W.D. Pa. Oct. 12, 2011)

Opinion

Civil Action No. 10-31 Erie.

October 12, 2011

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on February 3, 2010 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 [ECF No. 68], filed on September 29, 2011, recommended that the Amended Petition be dismissed for lack of jurisdiction and that a certificate of appealability be denied. The parties were allowed fourteen (14) days from the date of service to file objections and service was made on Petitioner by certified mail. Objections were filed by Petitioner on October 11, 2011 [ECF No. 69]. Afterde novo review of the Amended Petition and documents in the case, together with the Report and Recommendation and Objections thereto, the following order is entered:

AND NOW, this 12^th day of October, 2011;

IT IS HEREBY ORDERED that the Petitioner's Amended Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction and a certificate of appealability is DENIED.

The Report and Recommendation [ECF No. 68] of Magistrate Judge Baxter, filed on September 29, 2011, is adopted as the opinion of the Court.

The Clerk is directed to mark the case closed.