MORELAND v. COMMONWEALTH OF PA.

Filing 4

ORDER adopting 2 Report and Recommendations and dismissing case summarily for lack of jurisdiction. The Clerk shall mark the docket closed. Signed by Judge Arthur J. Schwab on 11-18-14. (nam)

IN THE UNITED TATES DISTRICT COURT
FOR THE WESTERN ISTRICT OF PENNSYLVANIA
LAFAYETTE MORELAND,

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Petitioner,
v.
COMMONWEALTH OF
PENNSYLVANIA,

Civil Action No.2: 14-cv-1386

District Judge Arthur J. Schwab

Respondent.

MEMO

NDUM ORDER

On October 14, 2014, Petitioner file in this Court a Motion for Leave to Proceed in forma
pauperis, and attached a "Motion Pursuant itle 28 § 2254( d)( 1) Challenging the Commonwealth of
Pennsylvania Court's Judgment Rendered i his 'Writ for Error Coram Nobis' "(hereinafter referred
to as Petition). The motion for leave was g anted on October 31, 2014 and thereafter the Petition
was filed (ECF No. 3).
The magistrate judge filed a Report nd Recommendation on October 31, 2014 (ECF No.2)
recommending that the Petition be dismisse summarily for lack of jurisdiction and that a certificate
of appealability be denied. Petitioner was s

ed with the Report and Recommendation at his listed

address and was advised that he had Novem er 17, 2014, to file written objections to the Report and
Recommendation. To date, no objections have been filed and Petitioner has not requested an
extension of time in which to file any objec ions.
After de novo review of the pleadin s and documents in the case, together with the Report
and Recommendation, the following order s entered:

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AND NOW, t is 18th day ofNovember, 2014:
IT IS HEREBY ORDERED that t e Petition for Writ of Habeas Corpus is DISMISSED
summarily for lack of jurisdiction.

IT IS FURTHER ORDERED tha a certificate of appealability is DENIED.
IT IS FURTHER ORDERED th t the Report and Recommendation (ECF No. 2) is
ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED tha the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERE

that pursuant to Rule 4(a)(1) ofthe Federal Rules of

Appellate Procedure, Plaintiff has thirty (30 days to file a notice of appeal as provided by Rule 3 of
the Federal Rules of Appellate Procedure.

ERED this 18th day ofNovember, 2014.

. c
States District Judge

cc:

LAFAYETTE M. MORELAND
09660-068
Federal Correctional Inst.
Cumberland, MD 21501

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