Opinion
Civil Action No. 12-347
03-19-2013
CARL D. SEILER, SR. Petitioner, v. SUPERINTENDENT SCI-COAL TOWNSHIP; ET AL., Respondents
Chief District Judge Gary L. Lancaster/
Magistrate Judge Cynthia Reed Eddy
MEMORANDUM ORDER
On February 28, 2012, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1) and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
The magistrate judge filed a Report and Recommendation on February 20, 2013 (ECF No. 19) recommending that the Petition for Writ of Habeas Corpus be denied and that a certificate of appealability be denied. Petitioner was served with the Report and Recommendation at his listed address and was advised that he had fourteen days to file written objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, IT IS HEREBY ORDERED, this 19TH day of March, 2013, that the Petition for Writ of Habeas Corpus (ECF No. 1) is DENIED and a certificate of appealability is also DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 19) is ADOPTED as the Opinion of the Court and the Clerk of Court shall mark this case CLOSED.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner 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:
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Hon. Gary L. Lancaster
Chief United States District Judge
cc: Hon. Cynthia Reed Eddy,
United States Magistrate Judge
Carl D Seller, JN-0569
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17866-1020
Anthony S. Iannamorelli
Fayette County District Attorney
61 East Main Street
Fayette County Courthouse
Uniontown, PA 15401