HOLLIHAN v. COMMONWEALTH OF PENNSYLVANIA

Filing 15

MEMORANDUM ORDER. 4 Petition for writ of habeas corpus is DISMISSED. A certificate of appealability is DENIED. 12 Report and Recommendation is ADOPTED as the Opinion of this Court. Signed by Judge Arthur J. Schwab on 11/23/11. (eca)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
RICHARD HOLLIHAN, JR.,
Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA,

)
)
)
)
)
)
)
)
)

Civil Action No. 11 - 810
District Judge Arthur J. Schwab

Respondent.
MEMORANDUM ORDER
On June 17, 2011, the above captioned case was initiated by the filing of a Motion for
Leave to Proceed In Forma Pauperis accompanied by 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 U.S.C. ' 636(b)(1), and the Local Rules of Court
for Magistrate Judges.
The magistrate judge filed a Report and Recommendation on September 22, 2011 (ECF
No. 12) recommending that the Petition for Writ of Habeas Corpus be dismissed for lack of
subject matter jurisdiction. On October 14, 2011, Petitioner filed Objections to the Report and
Recommendation (ECF No. 14). 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 23rd day of November, 2011:
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is
DISMISSED.
1

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 12) is
ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
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.
By the Court:
s/ Arthur J. Schwab
Arthur J. Schwab
United States District Judge
cc:

Richard Hollihan, Jr.
AJ-0676
SCI Somerset
1600 Walters Mill Road
Somerset, PA 15510-0002

2