HOWELL v. LAMAS et al

Filing 27

MEMORANDUM ORDER denying without prejudice respondents' 21 Motion to Dismiss and adopting 25 Report and Recommendation of Magistrate Judge Kelly as the opinion of the Court. Signed by Judge David S. Cercone on 6/4/14. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
JOSEPH HOWELL,
Petitioner,

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v.

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MARIROSA LAMAS,
SUPERINTENDANT AT S.C.I.
ROCK VIEW; THE ATTORNEY
GENERAL OF THE COMMONWEALTH
OF PENNSYLVANIA; THE DISTRICT
ATTORNEY OF THE COUNTY OF
ALLEGHENY,
Respondents.

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2:12cv884
Electronic Filing
Judge David Stewart Cercone I
Magistrate Judge Maureen P. Kelly

Re: ECF No. 21

MEMORANDUM ORDER
The above-captioned prose Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus
(the "Petition") was received by the Clerk of Court on June 27,2012, and was referred to
Magistrate Judge Maureen P. Kelly for pretrial proceedings in accordance with the Magistrate
Judges Act, 28 U.S.C. § 636(b)(l), and Local Civil Rules 72.C and D.
Respondents filed a Motion to Dismiss the Petition. ECF No. 21. Magistrate Judge
Kelly's Report and Recommendation, ECF No. 25, filed on May 5, 2014, recommended that the
Motion to Dismiss be denied albeit without prejudice to raising in the Answer those defenses
raised in the Motion to Dismiss and addressing some additional issues. The parties were
informed that, in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C),
and the local rules, they had a until May 22,2014 to file objections. No objections were filed.
Accordingly, after de novo review of the pleadings and the documents in the case, together with
the Report and Recommendation, the following order is entered:

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;June-

AND NOW, this_--,_ day of:May 2014,

IT IS HEREBY ORDERED that the Motion to Dismiss is hereby DENIED without
prejudice to raising the defenses in the Answer and addressing the issues noted in the Report.
IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 25, filed on
May 5, 2014, by Magistrate Judge Kelly, is adopted as the opinion ofthe Court.
IT IS FURTHER ORDERED that no later than June 27, 2014, the Respondents are to file
their Answer to the Petition. The Respondents are also ordered to cause the original State Court
record to be transmitted to the Clerk of this Court no later than July 7, 2014.

J\.\tl4..
Date:

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DAVID STEWART CERCONE
UNITED STATES DISTRICT JUDGE

cc:

The Honorable Maureen P. Kelly
United States Magistrate Judge
JOSEPH HOWELL
FS 7695
11 00 Pike Street
Huntingdon, PA 16654-1112
(Via First Class Mail)
Rusheen R. Pettit, Esquire
(Via CMIECF Electronic Mail)

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