Filing 13

MEMORANDUM ORDER: Petitioner's Petition for Writ of Habeas Corpus is DENIED and a certificate of appealability is DENIED; adopting 12 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 8/29/2006. (rlh)

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BREAULT v. WAKEFIELD et al Doc. 13 Case 1:05-cv-00211-SJM-SPB Document 13 Filed 08/29/2006 Page 1 of 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA HARRISON J. BREAULT, Petitioner, v. SUPER, WAKEFIELD, et al., Respondents. ) ) ) ) ) ) ) ) ) Civil Action No. 05-211 Erie MEMORANDUM ORDER This habeas corpus action was received by the Clerk of Court on July 28, 2005, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The Magistrate Judge's Report and Recommendation [Doc. No. 12], filed on August 4, 2006, recommended that Petitioner's Petition be denied and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail and on Respondents. No objections were filed. After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered: AND NOW, this 29th day of August, 2006; IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus is DENIED and a certificate of appealability is DENIED. The Report and Recommendation [Doc. No. 12] of Magistrate Judge Baxter, filed on August 4, 2006, is adopted as the opinion of the Court. s/ Sean J. McLaughlin United States District Judge cm: All parties of record Susan Paradise Baxter, U.S. Magistrate Judge

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