Davis v. Folino et al

Filing 28

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Blewitt 21 , DISMISSING petition for writ of habeas corpus 1 as untimely, DENYING ptnf's motion for release of docs & transcripts 14 as MOOT, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 1/15/13. (ki)

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

ANGELO LINELL DAVIS,
Petitioner
v.
LOUIS FOLINO, et al.,
Respondent

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CIVIL ACTION NO. 1:12-CV-205
(Judge Conner)

ORDER
AND NOW, this 15th day of January, 2013, upon consideration of the Report and
Recommendation of United States Judge Thomas M. Blewitt (Doc. 21), recommending
that the petition for writ of habeas corpus (Doc. 1) be dismissed and that petitioner’s
motion for release of documents and transcripts be denied, and, following an
independent review of the record, and noting that petitioner filed objections1 to the
report on January 2, 2013 (Doc. 27), and the court finding Judge Blewitt’s analysis to be
thorough and well-reasoned, and the court finding petitioner’s objections to be without
merit and squarely addressed by Judge Blewitt’s report (Doc. 21), 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 Magistrate Judge Blewitt (Doc. 21) are
ADOPTED.

2.

The petition for writ of habeas corpus (Doc. 1) is DISMISSED as untimely.

3.

Petitioner’s motion for release of documents and transcripts (Doc. 14) is
DENIED as moot.

4.

The Clerk of Court is directed to CLOSE this case.

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