McCarthy v. Ebbert

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS - AND NOW, this 1st day of April, 2013, upon consideration of the R&R of the mag. judge 10 , filed 3/1/13, to which no objs. were filed, & upon independent review of the record, it is ORDERED that: 1. The ma g. judge's report is adopted. 2. Petnr.'s petn. for writ of H/C 1 is DISMISSED w/out prejudice to petnr. filing a separate Bivens civil rights action. 3. The Clerk of Crt. shall close this file. 4. A cert. of appealability is denied. Signed by Honorable William W. Caldwell on 4/1/13. (am)

UNITED STATES DISTRICT COURT FOR THE
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN MCCARTHY,
Petitioner
v.
DAVID EBBERT,
Respondent

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: CIVIL NO. 1:12-CV-2322
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:

ORDER

AND NOW, this 1st day of April, 2013, upon consideration of the report and
recommendation of the magistrate judge (Doc. 10), filed March 1, 2013, to which no
objections were filed, and upon independent review of the record, it is ORDERED that:
1. The magistrate judge’s report is adopted.
2. Petitioner’s petition for a writ of habeas corpus pursuant to
28 U.S.C. § 2241 (Doc. 1) is DISMISSED without prejudice to
Petitioner filing a separate Bivens civil rights action.
3. The Clerk of Court shall close this file.
4. A certificate of appealability is denied.

/s/ William W. Caldwell
William W. Caldwell
United States District Judge