TEMPLE v. COLEMAN

Filing 8

MEMORANDUM ORDER directing that the 7 Petition for Writ of Habeas Corpus is dismissed prior to service for failing to state a claim and further adopting 5 Report and Recommendation of Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 12/20/12. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

DION A. TEMPLE,
Petitioner,

v.
BRIAN V. COLEMAN,
Respondent.

)

)
)
)
)
)
)
)
)

2: 12cv1517
Electronic Filing
Judge Cercone
Magistrate Judge Kelly

M~MORANDUM ORDER

AND NOW, this ~ day of December, 2012, after the Petitioner, Dion A.
Temple, filed an action in the above-captioned case, and after a Report and Recommendation
was filed by the United States Magistrate Judge granting the parties until November 23,2012, to
file written objections thereto, and no objections having been filed, and upon independent review
of the record, and upon consideration of the Magistrate Judge's Report and Recommendation,
which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the "Petition for Writ of Habeas Corpus 2254"
(the "Petition"), ECF No.7, is dismissed prior to being served for failing to state a claim
because, rather than challenge the validity of his sentence or conviction, Petitioner is challenging
the conditions of his confinement, and such challenges are not cognizable by means of a habeas
petition in federal court.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(I) of the Federal Rules
of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

David Stewart Cercone
United States District Judge

cc:

Dion A. Temple

HF-5212

SCI Fayette

Box 9999

LaBelle, PA 15450

(Via First Class Mail)

2