OLLIE v. PUGH, ET AL

Filing 3

ORDER adopting Report and Recommendation re 2 Report and Recommendation as Opinion of the Court. Petition for Writ of Habeas Corpus is summarily dismissed and case shall be marked closed. Signed by Judge Maurice B. Cohill on 7/15/13. (bfm )

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JOSEPH OLLIE,
Petitioner,
vs.
MICHAEL PUGH ET AL.,
Respondent.

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Civil Action No. 13-83 Erie

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MEMORANDUM ORDER

On March 3, 2013, Petitioner Joseph Ollie filed a Petition for Writ of Habeas Corpus
brought pursuant to 28 U .S.C. §2241 ("the Petition").
On June 14,2013, Magistrate Judge Baxter issued a Report and Recommendation [ECF
#2] wherein she "recommended that the petition be summarily dismissed without service."
Report and Recommendation, p. 1. The basis for the recommendation was that while the Petition
had not yet been served, it should be dismissed by the Court because it plainly appears on its face
that Petitioner is not entitled to relief in habeas. Id. (citing 28 U.S.c. § 2243 and Rule 4 of the
Rules Governing Section 2254 Cases (which is applicable to § 2241 cases».
Objections to the Report and Recommendation were due from the Petitioner no later than
July 1,2013. To date, no objections have been filed.
Rule 72(b)(3) of the Federal Rules of Civil Procedure provides: liThe district judge must
determine de novo any part of the magistrate judge's disposition that has been properly objected
to. The district judge may accept, reject, or modify the recommended disposition; receive further
evidence; or return the matter to the magistrate judge with instructions." Id.

Accordingly, after de novo review of the pleadings and documents in the case, together
with the June 14, 2013 Report and Recommendation from Magistrate Judge Baxter, the
following Order is entered:
AND NOW, this 15 th day of July, 2013, it is HEREBY ORDERED, ADJUDGED AND
DECREED that the Report and Recommendations of Magistrate Judge Baxter [ECF #2], dated
June 14,2013, is adopted as the Opinion of the Court.
It is further hereby ORDERED, ADJUDGED, AND DECREED that Petitioner Joseph

Ollie's Petition for Writ of Habeas Corpus [ECF #1] is summarily DISMISSED because it
plainly appears on its face that Petitioner is not entitled to relief in habeas.
The Clerk of Court shall mark this case CLOSED.

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Maunce B. COhl[Jr.
Senior District Court Judge

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