SCUTELLA v. CHAMBERLAIN et al

Filing 26

MEMORANDUM ORDER ADOPTING 25 Report and Recommendation, DISMISSING 9 Petition for Writ of Habeas Corpus, and DENYING a certificate of appealability. The Clerk of Court shall mark this case CLOSED. Signed by Judge Maurice B. Cohill on 2/22/2012. (sjs)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JHEN SCUTELLA,

)
)
)
)

Petitioner,

v.

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Civil Action No. 09-82 Erie

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)
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)

D.M. CHAMBERLAIN, et aI.,
Respondents.

MEMORANDUM ORDER

Plaintiffs Petition for Writ of Habeas Corpus pursuant to 28 U.S.C. § 2254 was
received by the Clerk of Court on June 24, 2009, 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 (ECF No. 25), filed on
November 4, 2011, recommended that the Petitioner's Petition for Writ of Habeas Corpus be
dismissed and that a certificate of appealability be denied.

The parties were given until

November 21,2011 to file written objections. No objections have been filed.
Rule 72 of the Federal Rules of Civil Procedure provides, in pertinent part, "the
district court may accept, reject, or modify the recommended decision, receive further
evidence, or recommit the matter to the magistrate judge with instructions." Fed.R.Civ.P.
n(b). After de novo review of the pleadings and documents in the case, together with the

report

and

recommendation,

we

adopt

Recommendation as the Opinion of the Court.

Magistrate

Judge

Baxter's

Report

and

.J..

AND NOW, this ".:;- day of February, 2012, it is HEREBY ORDERED,
ADJUDGED AND DECREED that said report and recommendation is adopted as the
Opinion of the Court.
It is further hereby ORDERED, ADJUDGED AND DECREED that Petitioner's
Petition for Writ of Habeas Corpus (ECF No.9) is DISMISSED and a certificate of
appealability is DENIED.
The Clerk of Court shall mark this case CLOSED.

~.:.. t.Jr. ~~.,\ ~
Maurice B. Cohill,
Senior District Court Judge