Thomas v. Recktenwald

Filing 22

ORDER - IT IS ORDERED that the 21 Report and Recommendation of MJ Schwab is GRANTED and the Petn is DISMISSED for failure to state a claim. Signed by Honorable Yvette Kane on 11/23/15. (sc)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ROY THOMAS Petitioner v. MONICA RECKTENWALD Respondent : : : : : : : : Civil Action No. 1:13-cv-2569 (Judge Kane) (Magistrate Judge Schwab) ORDER Before the Court in the above-captioned action is an October 30, 2015 Report and Recommendation of the Magistrate Judge. No timely objections have been filed. ACCORDINGLY, this 23rd day of November, 2015, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT: 1) The Court adopts the Report and Recommendation (Doc. No. 21) of Magistrate Judge Schwab. 2) The Petition for Writ of Habeas Corpus (Doc. No. 1), is DISMISSED for failure to state a claim cognizable under 28 U.S.C. ยง 2241 without prejudice to Thomas to file a civil rights action. 3) The Clerk of Court shall CLOSE this case. S/ Yvette Kane YVETTE KANE, District Judge United States District Court Middle District of Pennsylvania

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