RAMOS v. WALSH et al

Filing 70

MEMORANDUM ORDER: IT IS HEREBY ORDERED that Petitioner's Amended Petition for Writ of Habeas Corpus is DISMISSED for lack of jurisdiction and a certificate of appealability is DENIED; adopting 68 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 10/12/2011. (rlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOSE ANTONIO RAMOS,
Petitioner,
v.
JEROME WALSH, et al.,
Respondents.

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Civil Action No. 10-31 Erie

MEMORANDUM ORDER
This habeas corpus action was received by the Clerk of Court on February 3,
2010 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. 68], filed on
September 29, 2011, recommended that the Amended Petition be dismissed for lack of
jurisdiction and that a certificate of appealability be denied. The parties were allowed
fourteen (14) days from the date of service to file objections and service was made on
Petitioner by certified mail. Objections were filed by Petitioner on October 11, 2011
[ECF No. 69]. After de novo review of the Amended Petition and documents in the
case, together with the Report and Recommendation and Objections thereto, the
following order is entered:
AND NOW, this 12th day of October, 2011;
IT IS HEREBY ORDERED that the Petitioner’s Amended Petition for Writ of
Habeas Corpus is DISMISSED for lack of jurisdiction and a certificate of appealability is
DENIED.
The Report and Recommendation [ECF No. 68] of Magistrate Judge Baxter, filed
on September 29, 2011, is adopted as the opinion of the Court.
The Clerk is directed to mark the case closed.
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s/

cm:

Sean J. McLaughlin
United States District Judge

All parties of record
Susan Paradise Baxter, U.S. Magistrate Judge

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