FLUELLEN v. MEEKS

Filing 8

MEMORANDUM ORDER. It is hereby ORDERED that the petition for a writ of habeas corpus is DISMISSED FOR LACK OF JURISDICTION. It is further ORDERED that 7 Report and Recommendation is ADOPTED as the Opinion of the Court. It is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 4/8/15. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHERMAN CRAYTON FLUELLEN,
Petitioner,
v.
BOBBY L. MEEKS,
Respondent.

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Civil Action No. 14-cv-91 Erie
District Judge Mark R. Hornak

MEMORANDUM ORDER
This habeas action filed by federal prisoner Sherman Crayton Fluellen pursuant to
28 U.S.C. § 2241 was referred to United States Magistrate Judge Susan Paradise Baxter for a
report and recommendation in accordance with 28 U.S.C. § 636(b)(l) and Rule 72 of the Local
Rules for Magistrate Judges. On February 27, 2015, the Magistrate Judge issued a Report and
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Recommendation (ECF No.7) in which she recommended that the petition be dismissed for lack
of subject matter jurisdiction. Petitioner was served with the Report and Recommendation at his
address of record and he was advised that he had until March 16, 2015 to file objections to it.
Petitioner did not file objections, and he has not sought an extension of time in which to do so.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendatio~e following order is entered:

AND NOW, this ~~ of April, 2015:
IT IS HEREBY ORDERED that the petition for a writ of habeas corpus is
DISMISSED FOR LACK OF JURISDICTION.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.7) is
ADOPTED as the Opinion of the Court.

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IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

BY THE COURT:

Mark R. Hornak
United States District Judge
cc:

Sherman Crayton Fluellen
31381-160
FCI McKean
PO Box 8000
Bradford, PA 16701
(via U.S. First Class Mail)
Arnie S. Murphy
United States Attorney's Office
700 Grant Street, Suite 4000
Pittsburgh, PA 15219
(via CM/ECF electronic notification)

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