GONZALEZ v. COLEMAN

Filing 5

MEMORANDUM ORDER. The Petition of Carmelo Gonzalez for a writ of habeas corpus (Doc. 1 ) is DISMISSED and a certificate of appealability is DENIED. The Report and Recommendation of the Magistrate Judge, dated February 4, 2016, (Doc. 4 ) is hereby adopted as the Opinion of the District Court. Signed by Judge Cathy Bissoon on 3/2/16. (jwr)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
IN RE
COMMONWEALTH OF
PENNSYLVANIA EX REL,
CARMELO GONZALEZ,
Petitioner,
v.
BRIAN COLEMAN,
Respondent.

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Civil Action No. 15-336
Judge Cathy Bissoon
Magistrate Judge Maureen P. Kelly

MEMORANDUM ORDER
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
Local Rule of Civil Procedure 72.
On February 4, 2016, the Magistrate Judge issued a Report (Doc. 4) recommending that
the petition be dismissed pre-service because it challenges Petitioner’s conditions of confinement
and a certificate of appealability should be denied. Service of the Report and Recommendation
was made, 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:
The Petition of Carmelo Gonzalez for a writ of habeas corpus (Doc. 1) is DISMISSED
and a certificate of appealability is DENIED. The Report and Recommendation of the
Magistrate Judge, dated February 4, 2016, hereby is adopted as the Opinion of the District Court.

IT IS SO ORDERED.

March 2, 2016

s\Cathy Bissoon
Cathy Bissoon
United States District Judge

cc (via ECF email notification):
All counsel of record
cc (via First-Class U.S. Mail):
Carmelo Gonzalez
JF-2059
SCI Fayette
Box 9999
LaBelle, PA 15450-0999
Carmelo Gonzalez
JF-2059
175 Progress Drive (inmates)
Waynesburg, PA 15370

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