JOHNSON v. COLEMAN et al
Filing
17
MEMORANDUM ORDER denying as moot 11 Motion to Dismiss for Lack of Jurisdiction; adopting 14 Report and Recommendations. Signed by Judge Sean J. McLaughlin on 04/11/2012. (kas)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KYLE J. JOHNSON,
Petitioner,
v.
SUPERINTENDENT BRIAN V. COLEMAN,
et al.,
Respondents.
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Case No. 1:11-cv-94-SJM-SPB
MEMORANDUM ORDER
The instant petition for writ of habeas corpus was received by the Clerk of Court
on April 21, 2011 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. ยง 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Report and Recommendation, filed on March 5, 2012 [14], recommends that
the motion to dismiss for lack of jurisdiction filed on behalf of the District Attorney of Erie
County [11] be denied as moot. The parties were allowed fourteen (14) days from the
date of service in which to file objections. Service was made on Petitioner by certified
mail at SCI-Fayette, where he is currently incarcerated, and on the Respondents. No
objections to the Report and Recommendation have been filed to date.
After de novo review of the petition and documents in the case, together with the
Report and Recommendation, the following order is entered:
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AND NOW, this 11th Day of April, 2012;
IT IS ORDERED that the motion to dismiss for lack of jurisdiction filed on behalf
of the District Attorney of Erie County [11] shall be, and hereby is, DENIED as moot.
The Report and Recommendation of Magistrate Judge Baxter, filed on March 5,
2012 [14], is adopted as the opinion of the Court.
s/
Sean J. McLaughlin
SEAN J. McLAUGHLIN
United States District Judge
Cm:
All parties of record.
U.S. Magistrate Judge Susan Paradise Baxter
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