WILLIAMS v. LAMAS et al

Filing 35

MEMORANDUM ORDER denying 29 Motion to Vacate and adopting Report and Recommendations re 32 Report and Recommendations. Signed by Judge Terrence F. McVerry on 3/7/2013. (kly)

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

JEFFREY WILLIAMS,
Petitioner,
v.
MARIROSA LAMAS, et al.,
Respondents.

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Civil Action No. 11 – 862
District Judge Terrence F. McVerry
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation filed by Chief
Magistrate Judge Lenihan (ECF No. 32) recommending that Petitioner’s Motion to Vacate Order
granting Respondents’ Motion to Dismiss for Lack of Jurisdiction and adopting Report and
Recommendation (ECF No. 29) be denied.

The parties were served with the Report and

Recommendation and informed that they had until March 15, 2013, to file written objections.
Petitioner filed Objections to the Report and Recommendation on March 6, 2013. (ECF No. 34.)
Petitioner’s Objections, however, do not undermine the recommendation of the Magistrate
Judge. As such, 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 7th day of March, 2013,
IT IS HEREBY ORDERED that Petitioner’s Motion to Vacate Order granting
Respondents’ Motion to Dismiss for Lack of Jurisdiction and adopting Report and
Recommendation (ECF No. 29) is DENIED.
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IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 32) dated
February 26, 2013, 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, Petitioner 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/Terrence F. McVerry
United States District Judge
cc: Jeffrey Williams
GU3700
PO Box A
Bellefonte, PA 16823
(Via U.S. Postal Mail)
Counsel of Record
(Via ECF Electronic Mail)

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