MCCREARY v. DOE et al

Filing 11

MEMORANDUM ORDER directing that the sole remaining claim in the 1 Petition for Writ of Habeas Corpus is DISMISSED AS MOOT. Further adopting 10 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 7/12/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KENNETH MCCREARY,

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Petitioner,

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V.

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2:15cv1634
Electronic Filing
Judge David Stewart Cercone
Chief Magistrate Judge Maureen P. Kelly

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COMMONWEALTH OF PENNSYLVANIA
BOARD OF PROBATION & PARO LE,
ROBERT GILMORE, and ATTORNEY
GENERAL OF PENNSYLVANIA,

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Respondents.

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;£. MEMORANDUM ORDER
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AND NOW, this / ;)..,-

day of July, 2017, after petitioner Kenneth McCreary filed a

petition for writ of habeas corpus in the above-captioned matter, and after a Report and
Recommendation was filed by Chief United States Magistrate Judge Maureen P. Kelly giving the
parties until June 26, 2017, to file written objections thereto, and no Objections having been
filed, and upon independent review of the record, and upon consideration of the Magistrate
Judge's Report and Recommendation, which is ADOPTED as the opinion of this Court,
IT IS HEREBY ORDERED that the sole remaining claim in the petition for writ of
habeas corpus, ECF No. 1, is DISMISSED AS MOOT. The Clerk of Court shall mark this
CASE CLOSED.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) of the Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as

provided in Fed. 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.

David Stewart Cercone
United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Kenneth McCreary
HH-0428
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
(Via First Class Mail)
John C. Manning, Esquire
(Via CMIECF Electronic Mail)

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