MCCLOUD v. ROZUM et al

Filing 7

MEMORANDUM ORDER that Petitioner's 1 Motion for Leave to Proceed in forma pauperis is DENIED and that the 5 Report and Recommendation of Magistrate Judge Baxter is adopted as the Opinion of the Court. Petitioner is ordered to pay the $5.00 filing fee by 7/18/2011 or the case will be dismissed for failure to prosecute. Signed by Judge Maurice B. Cohill on 7/5/2011. (sjs)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYL VANIA

JOSH McCLOUD,
Petitioner,
v.
GERALD ROZUM; and THE ATTORNEY
GENERAL OF THE STATE OF PENN­
SYLVANIA
Respondents.

)
)
)
)
)
)
)
)
)
)
)

Civil Action No. II-02E
Judge Maurice B. Cohilll
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER

The above-captioned pro se prisoner habeas petition was received by the Clerk of Court
on January 3, 2011, and was referred to Magistrate Judge Susan Paradise Baxter for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.c. § 636(b)(1), and Local
Civil Rules 72.C and D.
Magistrate Judge Baxter's Report and Recommendation, ECF No. [5], filed on February
17, 2011. recommended that Petitioner's motion for leave to proceed in forma pauperis be
denied. Service of the Report was made on the Petitioner at his address of record. Petitioner was
informed that, in accordance with the Magistrate Judges Act, 28 U.S.c. § 636(b)(1 )(B) and (C),
and the local rules, he had a specific period of time in which to file his objections. Petitioner
filed no objections.
After the filing of the Report, this case was referred to Magistrate Judge Maureen P.
Kelly. ECF No. [6].
After de novo review of the pleadings and the documents in the case, together with the
Report and Recommendation, the following order is entered:

... ~

\uR...

AND NOW, this _5_ day of ~, 2011,
IT IS HEREBY ORDERED that Petitioner's motion for leave to proceed injorma

pauperis is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. [5],
filed on February 17, 2011, by Magistrate Judge Baxter, is adopted as the opinion of the Court.
Petitioner is hereby ordered to pay the $5.00 filing fee by July 18,2011 or the case will be
dismissed for failure to prosecute.

~

':. C£J.e. ,~.

Maurice B. Cohill
United States District Judge
cc:
JOSH MCCLOUD

GX2050

SCI SOMERSET

1600 WALTERS MI LL ROAD

SOMERSET, PA 15510

2