Nelson v. Pennsylvania Board of Probation and Parole et al

Filing 16

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Carlson 14 , GRANTING respondents' motion to dismiss 11 & DISMISSING petition for writ of habeas corpus, noting no basis for certificate of appealability, & directing Clrk of Ct to CLOSE case. (See order for complete details.)Signed by Honorable Christopher C. Conner on 6/10/13. (ki)

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

TERRY NELSON,
Petitioner
v.
PENNSYLVANIA BOARD OF
PROBATION AND PAROLE,
Respondent

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CIVIL ACTION NO. 1:12-CV-2321
(Judge Conner)

ORDER
AND NOW, this 10th day of June, 2013, upon consideration of the Report and
Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 14),
recommending that the motion to dismiss (Doc. 11) be granted, and, following an
independent review of the record, and noting that Petitioner filed objections1 to the
report (Doc. 15) on May 23, 2013, and the court finding Magistrate Judge Carlson’s
analysis to be thorough and well-reasoned, and the court finding the objections to be
without merit and squarely addressed by Judge Carlson’s report (Doc. 14), 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 Judge Carlson (Doc. 14) are
ADOPTED.

2.

Respondent’s motion to dismiss (Doc. 11) is GRANTED and the petition for
writ of habeas corpus is DISMISSED.

3.

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

4.

The Clerk of Court is directed to CLOSE this case.

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