GONZALEZ v. COLEMAN

Filing 6

ORDER adopting Report and Recommendations re 5 Report and Recommendations. IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 4 ) is DISMISSED. IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURT HER ORDERED that the Magistrate Judge's Report and Recommendation (ECF No. 5 ) is adopted as the Opinion of the Court.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, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure. Signed by Chief Judge Joy Flowers Conti on 6/30/2015. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MANUEL GONZALEZ,
Petitioner,
v.
BRIAN V. COLEMAN,
Superintendent SCI Fayette,
Respondent.

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Civil Action No. 15 – 252
Chief District Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
On February 24, 2015, Manuel Gonzalez (“Petitioner”) filed with the Court a Petition for
Writ of Habeas, challenging the conditions of his confinement.

In accordance with the

Magistrate Judge’s Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of
Court, all pretrial matters were referred to United States Magistrate Judge Lisa Pupo Lenihan.
On May 8, 2015, Magistrate Judge Lenihan entered a Report and Recommendation
wherein she recommended that the Petition be dismissed as failing to assert a cognizable claim
under habeas corpus.

Petitioner was served with the Magistrate Judge’s Report and

Recommendation and informed that he had until May 26, 2015 to file written objections. As of
today, no objections have been filed.
Therefore, upon an independent review of the record and consideration of the Magistrate
Judge’s Report and Recommendation, the following order is entered.
AND NOW this 30th day of June, 2015;

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IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus (ECF No. 4) is
DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Magistrate Judge’s Report and Recommendation
(ECF No. 5) is adopted as the Opinion of the Court.
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, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.
By the Court:
/s/ Joy Flowers Conti______
Joy Flowers Conti
Chief United States District Judge
cc: Manuel Gonzalez
LF9379
PO Box 9999
LaBelle, PA 15450

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