Vaughn v. Pennsylvania Department of Corrections

Full title: HARVEY D. VAUGHN, Petitioner v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS…

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

Date published: Sep 16, 2008

Civil Action No. 08-184J (W.D. Pa. Sep. 16, 2008)

Opinion

Civil Action No. 08-184J.

September 16, 2008

ORDER

KIM GIBSON, District Judge

AND NOW, this 16^th day of September, 2008, after the Petitioner, Harvey D. Vaughn, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the petitioner until September 8, 2008 to file written objections thereto, and objections having been filed by petitioner on September 3, 2008 to the report and recommendation, and Petitioner having filed a motion for temporary restraining order after the report and recommendation was filed, and upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,

IT IS HEREBY ORDERED that the habeas petition [1] is dismissed pre-service for failing to state a claim cognizable under habeas;

IT IS FURTHER ORDERED that Petitioner's motion for temporary restraining order [4] is dismissed as moot given that the habeas petition is denied.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.