Silva v. Marberry

Full title: EDWIN SILVA, Petitioner, v. WARDEN H.J. MARBERRY, Respondent

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

Date published: Feb 25, 2009

Civil Action No. 07-342 Erie (W.D. Pa. Feb. 25, 2009)

Opinion

Civil Action No. 07-342 Erie.

February 25, 2009

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This petition for writ of habeas corpus was received by the Clerk of Court on December 10, 2007 and was referred to Chief 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 Chief Magistrate Judge's Report and Recommendation, filed on January 26, 2009 [13], recommends that the instant petition for writ of habeas corpus be dismissed as moot. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail at his address of record. Petitioner has filed no objections to Chief Magistrate Judge Baxter's Report and Recommendation. Afterde novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 25^th day of February, 2009;

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

The Report and Recommendation of Chief Magistrate Judge Baxter, filed on January 26, 2009 [13], is adopted as the opinion of the Court.