Yunik v. Harlow

Full title: JAY V. YUNIK, Petitioner, v. MICHAEL HARLOW, et al., Respondents

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

Date published: Jan 22, 2009

Civil Action No. 08-304 Erie (W.D. Pa. Jan. 22, 2009)

Opinion

Civil Action No. 08-304 Erie.

January 22, 2009

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This petition for writ of habeas corpus was received by the Clerk of Court on November 3, 2008 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 [5], filed on November 18, 2008, recommends that the Petitioner's motion for leave to proceed in forma pauperis be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail at SCI Mercer, where he is incarcerated. Objections were filed by Petitioner on November 28, 2008 [7]. After de novo review of the petition and documents in the case, together with the Report and Recommendation and objections thereto, the following order is entered:

AND NOW, this 22^nd day of January, 2009;

IT IS HEREBY ORDERED that the Petitioner's motion for leave to proceed in forma pauperis is DENIED.

The Report and Recommendation of Chief Magistrate Judge Baxter [5], dated November 18, 2008, is adopted as the opinion of the Court.