BLACK v. SUPERINTENDENT, SCI GREENE et al

Filing 13

ORDER indicating that the Magistrate Judge's Report and Recommendation 12 is ADOPTED as the opinion of this Court; that the petition for writ of habeas corpus 4 is dismissed; that the Clerk of Court shall mark this case closed; and that, p ursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within (30) days. Signed by Judge Nora Barry Fischer on 6/15/18. (jg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA SCOTT A. BLACK, Petitioner, v. SUPERINTENDENT, SCI GREENE, DISTRICT ATTORNEY OF FOREST COUNTY, ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondent, ) ) ) ) ) ) ) ) ) ) ) ) ) Civ. A. No. 1:17-305 Judge Nora Barry Fischer ORDER OF COURT AND NOW, this 15th day of June, 2018, after petitioner Scott A. Black filed a petition for writ of habeas corpus in the above-captioned matter, (Docket No. [4]), the Attorney General of Pennsylvania filed a Motion to Dismiss, (Docket No. [8]), to which Plaintiff did not file a Response as the Court directed by March 5, 2018, and after a Report and Recommendation was filed by United States Magistrate Judge Susan Paradise Baxter on May 24, 2018, (Docket No. [12]), recommending that the habeas petition be dismissed as untimely and giving non-registered ecf users such as Plaintiff until June 11, 2018 to file written objections thereto, and petitioner having filed no objections, and upon independent review of the record, IT IS HEREBY ORDERED that the Magistrate Judge’s Report and Recommendation [12] is ADOPTED as the opinion of this Court; IT IS FURTHER ORDERED that the petition for writ of habeas corpus [4] is DISMISSED; IT IS FURTHER ORDERED that the Clerk of Court shall mark this CASE CLOSED; and, FINALLY, IT IS ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. s/Nora Barry Fischer Nora Barry Fischer United States District Judge cc/ecf: Honorable Susan Paradise Baxter United States Magistrate Judge All counsel of record cc: SCOTT A. BLACK LK-6465 SCI Greene 175 Progress Drive Waynesburg, PA 15370 (via first class mail) 2

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