Fullman v. Kistler et al

Filing 10

ORDER: ADOPTING REPORT AND RECOMMENDATION 5 of Chief Magistrate Judge Martin C. Carlson; DENYING Plaintiff's Motion to Seal 6 ; DENYING Plaintiff's Motion to Appoint Counsel 7 ; GRANTING Plaintiff's Request for copies 8 ; DIRECT ING the clerk to mail 2 copies of form for petition of writ of habeas corpus pursuant to 28 U.S.C. § 2254 to plaintiff along with this Order; DISMISSING the complaint without prejudice; DIRECTING the clerk to close the case file. Signed by Honorable Matthew W. Brann on 12/3/2014. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ISAAC KENNETH FULLMAN,
Plaintiff,
v.
THOMAS KING KISTLER, et. al.,
Defendants.

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Civil Action No. 4:14-CV-1739
(Judge Brann)
(Magistrate Judge Carlson)

ORDER
December 3, 2014
The undersigned has given full and independent consideration to the
September 9, 2014 report and recommendation of Chief Magistrate Judge Martin
C. Carlson. ECF No. 5.
Judge Carlson’s analysis is thorough; the Court will adopt the report and
recommendation in its entirety. Plaintiff’s complaint will be dismissed without
prejudice.
Plaintiff’s motion to seal is denied, as the documents he seeks to have sealed
are his exhibits, which are documents from the Court of Common Pleas of Centre
County, and, accordingly, are already public documents.
Plaintiff’s motion to appoint counsel is denied as moot, as this action is
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being dismissed.
Plaintiff’s request for the form for petition of writ of habeas corpus pursuant
to 28 U.S.C. § 2254 will be granted.

NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
1.
1.

The September 9, 2014 report and recommendation of Chief
Magistrate Judge Martin C. Carlson is ADOPTED. ECF No. 5.

2.

Plaintiff’s Motion to Seal is DENIED. ECF No. 6.

3.

Plaintiff’s Motion to Appoint Counsel is DENIED. ECF No. 7.

4.

Plaintiff’s Request for Copies is GRANTED. ECF No. 8. The clerk
is directed to mail 2 copies of form for petition of writ of habeas
corpus pursuant to 28 U.S.C. § 2254 to plaintiff along with this Order.

5.

The complaint is dismissed without prejudice.

6.

The clerk is directed to close the case file.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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