CERAUL v. GILMORE et al

Filing 19

ORDERED THAT PETITIONER'S OBJECTIONS ARE OVERRULED IN PART; THIS CASE IS REFERRED TO THE HONORABLE MARILYN HEFFLEY FOR A REPORT AND RECOMMENDATION ON THE REMAINING ISSUES OUTLINED IN THE COURTS CONTEMPORANEOUSLY FILED MEMORANDUM OPINION; PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL IS REFERRED TO MAGISTRATE JUDGE MARILYN HEFFLEY. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/1/18. 8/2/18 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
THOMAS CERAUL,
Petitioner,

CIVIL ACTION
NO. 17-3486

v.
ROBERT GILMORE, et al.,
Respondents.
ORDER

AND NOW, this 1st day of August, 2018, upon consideration of the Report and
Recommendation filed by United States Magistrate Judge Marilyn Heffley (ECF No.
11), Thomas Ceraul’s Objections thereto (ECF No. 16) and Ceraul’s Motion for
Appointment of Counsel (ECF No. 17), it is hereby ORDERED that:
1. Ceraul’s objections are OVERRULED in part;
2. The case is referred to the Honorable Marilyn Heffley, United States Magistrate
Judge, for a Report and Recommendation on the remaining issues as outlined in
the Court’s contemporaneously filed Memorandum Opinion;
3. Pursuant to Local Civil Rule 72.1.IV(c), all remaining issues and evidence shall
be presented to the United States Magistrate Judge, and new issues and
evidence shall not be raised after the filing of the Report and Recommendation
if they could have been presented to the United States Magistrate Judge; and,
4. Ceraul’s Motion for Appointment of Counsel is also referred to Judge Heffley for
consideration of whether Ceraul “has presented a nonfrivolous claim and if the

appointment of counsel will benefit the petitioner and the court.” Reese v.
Fulcomer, 946 F.2d 247, 264 (3d Cir. 1991).

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.

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