Diehl-Armstrong v. Pennsylvania Board of Probation and Parole et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS 12 . The petition for writ of habeas corpus is DENIED. No certificate of appealability shall issue. The Clerk is directed to CLOSE the file on this case. Signed by Honorable John E. Jones, III on 5/7/14. (pw)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA MARJORIE DIEHL-ARMSTRONG, : : Petitioner, : : v. : : PENNSYLVANIA BOARD OF : PROBATION AND PAROLE, et al., : : Respondents. : 1:13-cv-2302 Hon. John E. Jones III Hon. Martin C. Carlson ORDER May 7, 2014 AND NOW, upon consideration of the Report and Recommendation of Chief United States Magistrate Judge Martin C. Carlson (Doc. 12), recommending that the petition for writ of habeas corpus be denied and that no certificate of appealability shall issue, after an independent review of the record, and noting that Petitioner filed objections1 (Doc. 13) to the report on May 6, 2014, and the Court finding Judge Carlson’s analysis to be thorough, well-reasoned, and fully 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. Supinksi 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 supported by the record, and the Court further finding Plaintiff’s objections to be without merit2 and squarely addressed by Judge Carlson’s report IT IS HEREBY ORDERED THAT: 1. The Report and Recommendation of Magistrate Judge Carlson (Doc. 12) is ADOPTED in its entirety. 2. The petition for writ of habeas corpus (Doc. 1) is DENIED. 3. No certificate of appealability shall issue. 4. The Clerk of Court is directed to CLOSE the file on this case. s/ John E. Jones III John E. Jones III United States District Judge 2 Petitioner’s objections are completely devoid of any legally meritorious arguments. We concur entirely with the Magistrate Judge’s conclusion that Petitioner has failed to make a showing that the decisions of the Pennsylvania Board of Probation and Parole offend constitutional due process considerations. 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?