KENNEDY v. HALLER et al

Filing 9

ORDER adopting Report and Recommendations re 8 Report and Recommendations as the Opinion of this Court. Signed by Judge Arthur J. Schwab on 8/22/14. (lck)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA BRANDO KENNEDY, Petitioner, v. C. HALLE , et al., Respondents. ) ) ) ) ) ) ) ) ) Civil Action No. 14- 334 District Judge Arthur J. Schwab Chief Magistrate Judge Lisa Pupo Lenihan ) MEMORANDUM ORDER AN NOW, this~d~y of August, 2014, after Petitioner, Brandon Kennedy, initiated this case in the Middle District of Pennsylvania and was granted leave to proceed in forma pauperis; an after the case was transferred to this Court on March 14, 2014; and after a Report and Recom endation was issued by the Magistrate Judge recommending that the "Complaint; AND Petiti n for a Writ of Habeas Corpus pursuant to 28 U.S.C. § 2241" be dismissed to the extent that etitioner seeks habeas relief and dismissed pursuant to 28 U.S.C. § 1915(e)(2)(B) to the extent h seeks relief other than release from custody; and after Petitioner was served with the Report and Recommendation and failed to file objections by the deadline; and upon consideratio of the Report and Recommendation and an independent review of the record, HEREBY ORDERED that the Report and Recommendation (ECF No. 8) is adopted as t e Opinion of this Court. IT S FURTHER ORDERED that, for the reasons set forth in the Report and Recommen ation, the "Complaint; AND Petition for a Writ of Habeas Corpus pursuant to 28 1 U .S.C. § 2241" is dismissed to the extent Petitioner seeks habeas relief and dismissed pursuant to 28 U.S.C. § 915(e)(2)(B) to the extent he seeks relief other than his release from custody. IT I 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, if any party wishes to appeal from this Order a notice of appeal, as provided in ed. 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. By the Court: cc: Branda 48998Allegh 950 Se Pittsbu (Via Fi Kennedy 39 ny County Jail ond A venue gh, PA 15219 st Class Mail) 2

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