CHILCOTT v. WARDEN ERIE COUNTY PRISON

Filing 13

MEMORANDUM ORDER: AND NOW, this 18th Day of May, 2012; IT IS ORDERED that the instant petition for writ of habeas corpus shall be, and hereby is, DISMISSED as moot. Inasmuch as reasonable jurists would not find it debatable whether the instant pet ition is moot and/or whether the Petitioner has made a substantial showing of the denial of a constitutional right, IT IS FURTHER ORDERED that no certificate of appealability shall issue. The Report and Recommendation of Magistrate Judge Baxter, filed on April 20, 2012 9 , is adopted as the opinion of the Court. Signed by Judge Sean J. McLaughlin on 05/18/2012. (kas)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHAN CHILCOTT,
Petitioner,
v.
DISTRICT ATTORNEY FOR
ERIE COUNTY, et al.,
Respondents.

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Case No. 1:12-cv-30-SJM-SPB

MEMORANDUM ORDER
The instant petition for writ of habeas corpus was received by the Clerk of Court
on January 24, 2012 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 April 20, 2012 [9], recommends that
the instant habeas petition be dismissed as moot and that a certificate of appealability
be denied. 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 his current
address of record 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 18th Day of May, 2012;
IT IS ORDERED that the instant petition for writ of habeas corpus shall be, and
hereby is, DISMISSED as moot. Inasmuch as reasonable jurists would not find it
debatable whether the instant petition is moot and/or whether the Petitioner has made a
substantial showing of the denial of a constitutional right, IT IS FURTHER ORDERED
that no certificate of appealability shall issue.
The Report and Recommendation of Magistrate Judge Baxter, filed on April 20,
2012 [9], 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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