PASTOR FRED HARRIS, III v. THE ATTORNEY GENERAL OF PENNSYLVANIA

Filing 11

ORDER adopting Report and Recommendation of Magistrate Judge Bissoon 10 ; that the Petitioner's Petition for Writ of Habeas Corpus 9 is dismissed; that a certificate of appealability is denied. Signed by Judge Nora Barry Fischer on 8/17/11. (jg)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

PASTOR FRED HARRIS, III,
Petitioner,

v.
ATTORNEY GENERAL OF
PENNSYL VANIA, et al.,
Respondents.

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Civil Actio 1 No. 11-766
Judge Fiscl.er
Magistrate Judge Bissoon

MEMORANDUM ORDER
Pastor Fred Harris, III ("Petitioner"), is a state pretrial dt tainee who has filed a federal
habeas petition pursuant to the provisions of28 U.S.C. § 2254. (Doc. 9). This case was referred
to United States Magistrate Judge Cathy Bissoon for pretrial prcceedings in accordance with the
Magistrates Act, 28 U.S.C. § 636(b)(I), and Rules 72.C and 72.1) of the Local Rules fOJ
Magistrates.
On July 22, 2011, the magistrate judge issued a report and recommendation, (Doc. 10),
recommending that this petition be dismissed, sua sponte, as bei J.g facially unexhaustecl in the
state courts. Petitioner was granted until August 5, 2011, to file objections. As of the date of
this writing, no objections have been filed.
After de novo review of the pleadings and documents in :his case, together with the report
and recommendation (Doc. 10), the following order is entered:

AND NOW, this

1.114tay Of_---..'-Ag:4=..L:7'!~~ _ _- - - - - - : , 2011,
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IT IS HEREBY ORDERED that Petitioner's petition for writ of habeas corpus (Doc. 9) is
DISMISSED.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge
Bissoon (Doc. 10), dated July 22, 2011, is adopted as the opinion of this Court.

BY THE C )URT:
slNora Bany Fischer
NORA BAlliY FISCHER
UNITED SfATES DISTRICT JUDGE
cc:

PASTOR FRED HARRIS, III
1021-2011
Westmoreland County Prison
3000 South Grande
Greensburg, PA 15601

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