FAHEY v. GILMORE et al

Filing 23

MEMORANDUM ORDER. Respondents' Motion to Dismiss (Doc. 18 ) is GRANTED; Mr. Fahey's 2254-Petition is DISMISSED WITH PREJUDICE; a certificate of appealability is DENIED; and the Magistrate Judge's Report and Recommendation (Doc. 22 ) is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 7/24/18. (dcd) Staff note: a copy of this filing will be sent, via First-Class U.S. Mail, to Petitioner's address of record on 7/25/18.

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

WARREN FAHEY,
Petitioner,
v.
ROBERT GILMORE, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Civil Action No. 17-137E
Judge Cathy Bissoon
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER
This case has been referred to United States Magistrate Judge Susan Paradise Baxter for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636(b)(l)(A) and (B),
and Local Rule of Civil Procedure 72.
On June 25, 2018, the Magistrate Judge issued a Report (Doc. 22) recommending that
Respondents’ Motion to Dismiss (Doc. 18) be granted; that Mr. Fahey’s 2254-Petition be
dismissed with prejudice; and that a certificate of appealability be denied. Service of the Report
and Recommendation was made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, it hereby is ORDERED that: Respondents’ Motion to Dismiss (Doc. 18)
is GRANTED; Mr. Fahey’s 2254-Petition is DISMISSED WITH PREJUDICE; a certificate
of appealability is DENIED; and the Magistrate Judge’s Report and Recommendation (Doc. 22)
is adopted as the Opinion of the District Court.
IT IS SO ORDERED.

July 24, 2018

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via First-Class U.S. Mail):
Warren Fahey
LP0255
SCI Albion
10745 Rt. 18
Albion, PA 16475

2