POWELL v. HARPER
Filing
16
MEMORANDUM ORDER. It is hereby ORDERED that 5 Petition for Writ of Habeas Corpus be summarily DISMISSED for lack of jurisdiction. It is further ORDERED that 14 Report and Recommendation is ADOPTED as the Opinion of the Court. It is further ORDERED that a Certificate of Appealability is DENIED. It is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 11/27/13. (bdb)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
CARLOS A. POWELL
Petitioner,
v.
ORLANDO HARPER, et al.,
Respondents.
)
)
)
)
)
)
)
)
)
)
)
Civil Action No.2: 13-cv-00498
United States District Judge
Mark R. Hornak
United States Magistrate Judge
Cynthia Reed Eddy
MEMORANDUM ORDER
Carlos A. Powell (hereinafter referred to as "Petitioner") initiated this action on April 8,
2013, by filing a pro se Motion for Leave to Proceed in forma pauperis (ECF No. 1.) The
motion was granted on May 23,2013 (ECF No.4) and the Petition for Writ of Habeas Corpus
was filed (ECF No.5). At the time Plaintiff filed his Petition, he was in custody at the Allegheny
County Jail.
On November 1,2013, the Magistrate Judge filed a Report and Recommendation (ECF
No. 14) recommending that the Petition be summarily dismissed for failure to satisfy the "in
custody" requirement under 28 U.S.C. ยง 2254(a), that a certificate of appealability be denied, and
that this case be closed. The parties were advised that written objections to the Report and
Recommendation were to be filed by November 18,2013. A copy of the Report and
Recommendation was mailed to Petitioner at his listed address of record: the Allegheny County
Jail, 950 2nd Avenue, Pittsburgh, PA 15219. On November 21,2013, the envelope containing
the Report and Recommendation was returned to the Court, unopened, with the handwritten
notation "Gone" on the envelope. See ECF No. 15. To date, no objections have been filed.
1
After de novo review of the pleadings and documents in this case, together with the
Report and Recommendation, the following order is entered:
AND NOW,
thi~fNoVember,
2013;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus filed by
Petitioner Carlos A. Powell (ECF No.5) be summarily DISMISSED for lack ofjurisdiction.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 14)
dated November 1,2013, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
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, the parties have thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
Mark R .Hornak
United States District Judge
cc:
CARLOS A. POWELL
100043
950 2nd Ave.
Pittsburgh, PA 15219
Rusheen R. Pettit
Office ofthe District Attorney
Email: Rusheen.Pettit@da.allegheny.pa.us
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?