JOHNSON v. COLEMAN et al

Filing 5

MEMORANDUM ORDER: And now this 23rd day of June, 2011, it is ORDERED that the Petitioner's Motion for Leave to Proceed in forma pauperis 2 be, and hereby is DENIED. It is further ORDERED that Plaintiff shall pay the required filing fee within fourteen days (14) from the date of this Order. Failure to do so may result in the dismissal of this case. The Report and Recommendation of Magistrate Judge Baxter, filed on May 16, 2011 3 , is adopted as opinion of the Court. Signed by Judge Sean J. McLaughlin on 06/23/11. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KYLE J. JOHNSON,
Petitioner,
v.
SUPERINTENDENT BRIAN V. COLEMAN,
et al.,
Respondent.

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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. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Report and Recommendation, filed on May 16, 2011 [3], recommends that
the Petitioner’s motion for leave to proceed in forma pauperis [2] be denied. Petitioner
was 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. No objections to the Report and Recommendation have been filed as of
this 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 23rd day of June, 2011;
IT IS ORDERED that the Petitioner’s Motion for Leave to Proceed In Forma
Pauperis [2] be, and hereby is, DENIED.
IT IS FURTHER ORDERED that Plaintiff shall pay the required filing fee within
fourteen days (14) from the date of this Order. Failure to do so may result in the
dismissal of this case.
The Report and Recommendation of Magistrate Judge Baxter, filed on May 16,
2011 [3], is adopted as the opinion of the Court.

s/

Sean J. McLaughlin
SEAN J. McLAUGHLIN
United States District Judge

cm:

Kyle J. Johnson
GN-7765
SCI Fayette
P.O. BOX 9999
Labelle, PA 15450-0999
U.S. Magistrate Judge Susan Paradise Baxter

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