BORCHERT v. COLEMAN et al

Filing 6

MEMORANDUM ORDER dismissing Petition for Writ of Habeas Corpus; denying certificate of appealability; and adopting 3 Report and Recommendation of Judge Lenihan as the opinion of the Court. Signed by Judge David S. Cercone on 8/8/11. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

JAMES RAYMOND BORCHERT,
Petitioner,

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BRIAN COLEMAN, THE DISTRICT
ATTORNEY OF THE COUNTY OF
BUTLER COUNTY, WILLIAM H.
RYAN, The Attorney General of the State
of Pennsylvania, .
Respondents.

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Electronic Filing

Judge Cercone

Magistrate Judge Lenihan

MEMORANDUM ORDER

On June 6, 20 II, the above captioned case was initiated by the filing of a Petition for
Writ of Habeas Corpus (ECF No.1) and was referred to a united states magistrate judge for
pretrial proceedings in accordance with the Magistrate Judges Act, 28 US.C. § 636(b)(1), and
Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The magistrate judge filed a Report and Recommendation on June 7, 2011 (ECF No.3)
recommending that the Petition for Writ of Habeas Corpus be dismissed for failure to have
exhausted state court remedies and that a certificate of appealability be denied. On June 24
2011, and July 6, 2011, Petitioner filed Objections to the Report and Recommendation (ECF
Nos. 4, 5). Petitioner's objections do not undermine the recommendation of the magistrate
judge.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections thereto, the following order is entered:

AND NOW, this

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day of August, 2011;

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus
DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.3) is
ADOPTED as the Opinion of the Court.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules
of Appellate Procedure, Plaintiff 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
United States District Judge

cc:

James Raymond Borchert
HU 3252
P. O. Box 9999
LaBelle, PA 15450
(Via First Class Mail)

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