Ghertler v. Ebbert

Filing 13

ORDER ADOPTING REPORT AND RECOMMENDATION of the magistrate judge 9 , DISMISSING petition for writ of habeas corpus 1 as MOOT, noting no basis for issuance of certificate of appealability, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/23/11. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JONATHAN GHERTLER,
Petitioner
v.
WARDEN DAVID EBBERT,
Respondent

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CIVIL ACTION NO. 1:11-CV-526
(Judge Conner)

ORDER
AND NOW, this 23rd day of May, 2011, upon consideration of the Report and
Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 9),
recommending that the Petition for Writ of Habeas Corpus be dismissed as moot, and,
following an independent review of the record and noting that petitioner filed objections1
to the report on May 6, 2011 (Doc. 10), and the court finding Judge Carlson’s analysis to
be thorough and well-reasoned, and the court finding petitioner’s objections to be
without merit and squarely addressed by Judge Carlson’s report, it is hereby ORDERED
that:

1

Where objections to a magistrate judge’s report and recommendation are
filed, the court must perform a de novo review of the contested portions of the
report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3
(M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir.
1989); 28 U.S.C. § 636(b)(1)(c)). “In this regard, Local Rule of Court 72.3 requires
‘written objections which . . . specifically identify the portions of the proposed
findings, recommendations or report to which objection is made and the basis for
those objections.’” Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL
4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

1.

The Report and Recommendation of the magistrate judge (Doc. 9) are
ADOPTED.

2.

The Petition for Writ of Habeas Corpus (Doc. 1) is DISMISSED AS MOOT.

3.

There is no basis for the issuance of a certificate of appealability.

4.

The Clerk of Court is directed to CLOSE this case.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge