HUDAK v. STATE OF PA et al

Filing 13

MEMORANDUM ORDER. Respondents' Motion to Dismiss (Doc. 9 ) is GRANTED; a certificate of appealability is denied; and the Report and Recommendation of Magistrate Judge Kelly dated 7/24/13 hereby is adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 8/14/13. (dcd) Staff note: a copy of this Memorandum Order will be sent to Petitioner's address of record, via First-Class U.S. Mail, on 8/15/13.

HUDAK v. STATE OF PA et al

Doc. 13

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
EDWARD HUDAK,
Petitioner,
v.
STATE OF PA, et al.,
Respondents.

)
)
)
)
)
)
)
)
)

Civil Action No. 13-259
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
On July 18, 2013, this case was referred to United States Magistrate Judge Maureen P.
Kelly for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C.
§§ 636(b)(l)(A) and (B), and Rules 72.C and 72.D of the Local Rules for Magistrates.
On July 24, 2013, the Magistrate Judge issued a Report (Doc. 12) recommending that the
Respondents’ Motion to Dismiss (Doc. 9) Petitioner’s request for relief under 28 U.S.C. § 2254
be granted, and that a certificate of appealability be denied. Service of the Report and
Recommendation was made on the parties, and no objections have been filed.
After a review of the pleadings and documents in the case, together with the Report and
Recommendation, the following Order is entered:
Respondents’ Motion to Dismiss (Doc. 9) is GRANTED; a certificate of appealability is
denied; and the Report and Recommendation of Magistrate Judge Kelly dated July 24, 2013
hereby is adopted as the Opinion of the District Court.
IT IS SO ORDERED.
August 14, 2013

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

Dockets.Justia.com

cc (via ECF email notification):
All Counsel of Record
cc (via First-Class U.S. Mail):
Edward Hudak
BI-0265
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17866-1021

2