RAMBERT v. OVERMYER et al

Filing 21

MEMORANDUM ORDER denying 9 Petition for Writ of Habeas Corpus; denying 17 Motion for TRO or Preliminary Injunction; denying Certificate of Appealability; and adopting 19 Report and Recommendation of Magistrate Judge Lenihan as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 3/14/18. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ERIC X. RAMBERT,

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Petitioner,
v.

MICHAEL OVERMYER, Warden, et

al.,

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1:17cv42
Electronic Mail

Judge David Stewart Cercone
Magistrate Judge Lisa Pupo Lenihan

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Respondents.

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MEMORANDUM ORDER

Before the Court is a Petition for Writ of Habeas Corpus filed by Petitioner Eric X.
Rambert ("Petitioner") pursuant to 28 U.S.C. § 2241, claiming that the Pennsylvania Board of
Probation and Parole is improperly requiring him to serve his unexpired maximum sentence of
June 2, 2033. His Petition was docketed on May 23, 2017 (ECF No. 9), and in accordance with
the Magistrate Judge's Act, 28 U.S.C. § 636(b)(l), and Rules 72.C and 72.D of the Local Rules
of Court, all pretrial matters were referred to United States Magistrate Judge Lisa Pupo Lenihan.
On February 1, 2018, the Magistrate Judge issued a Report and Recommendation
recommending that Petitioner's Petition for Writ of Habeas Corpus be denied and that a
Certificate of Appealability also be denied. (ECF No. 19.) She also recommended that
Petitioner's Motion for a Temporary Restraining Order (TRO) or Preliminary Injunction (ECF
No. 17) be denied. Petitioner was served with the Report and Recommendation and informed
that the deadline to file written objections was February 20, 2018. His Objections were timely
filed on February 16, 2018. (ECF No. 20).
In resolving a party's objections, the Court conducts a de nova review of any part of the
Report and Recommendation that has been properly objected to. Fed. R. Civ. P. 72(b)(3); 28
U.S.C.§ 636(b)(l). The Court may accept, reject, or modify the recommended disposition, as

well as receive further evidence or return the matter to the magistrate judge with instructions. Id.
Upon careful de nova review of the Petition for Writ of Habeas Corpus, Petitioner's Motion for a
TRO or Preliminary Injunction, the Magistrate Judge's Report and Recommendation, and
Petitioner's Objections thereto, the Court concludes that the Objections do not undermine the
Report and Recommendation~mmended disposition.
AND NOW, this

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day of March, 2018;

IT IS HEREBY ORDERED that the Report and Recommendation of the Magistrate

Judge (ECF No. 19) is adopted as the Opinion of the Court.
IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 9)

be denied.
IT IS FURTHER ORDERED that a Certificate of Appealability be denied.
IT IS FURTHER ORDERED that Petitioner's Motion for TRO or Preliminary

Injunction (ECF No. 17) be denied.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules

of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

David Stewart Cercone
Senior United States District Judge
cc: Eric X. Rambert
AM-9223
SCI Fayette
P.O. Box 9999
LaBelle, PA 15450
(Via First Class Mail)
Timothy P. Keating, Esquire
(Via CMIECF Electronic Mail)
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