IWANICKI v. DUNN et al

Filing 73

MEMORANDUM ORDER: IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 72) is adopted as the Opinion of the Court. IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF Nos. 1 & 22) is dismissed for Petitioners failure to exhaust his state court remedies.IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.IT IS FURTHER ORDERED that the Clerk of Court mark this case closed. Signed by Judge David S. Cercone on 5/14/2020. (kly)

Case 2:17-cv-00486-DSC-LPL Document 73 Filed 05/14/20 Page 1 of 2

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

CHRISTOPHER IWANICKI,
Petitioner,
v.
LEO DUNN and ROBERT D.
GILMORE,
Respondents.

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Civil Action No. 17 – 486
District Judge David S. Cercone
Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER
Currently pending before the Court is a Petition for Writ of Habeas Corpus filed by
Christopher Iwanicki (“Petitioner”). (ECF Nos. 1 & 22.) The Petition for Writ of Habeas
Corpus was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial
proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72 of
the Local Rules for Magistrate Judges.
On April 2, 2020, Judge Lenihan entered a Report and Recommendation (“R&R”)
wherein she recommended that the Petition for Writ of Habeas Corpus be dismissed for failure to
exhaust state court remedies and also recommended that a Certificate of Appealability be denied.
(ECF No. 72.) Petitioner was served with the R&R and informed that the deadline for filing
objections thereto was April 20, 2020. Id. As of today, no objections have been filed.
Accordingly, the following Order is now entered.
AND NOW, this 14th day of May, 2020;
IT IS HEREBY ORDERED that the Report and Recommendation (ECF No. 72) is
adopted as the Opinion of the Court.
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Case 2:17-cv-00486-DSC-LPL Document 73 Filed 05/14/20 Page 2 of 2

IT IS FURTHER ORDERED that the Petition for Writ of Habeas Corpus (ECF Nos. 1
& 22) is dismissed for Petitioner’s failure to exhaust his state court remedies.
IT IS FURTHER ORDERED that a Certificate of Appealability is DENIED.
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/David. S. Cercone
David S. Cercone
United States District Judge
Cc:

Christopher Iwanicki
FW-2272
SCI Greene
175 Progress Drive
Waynesburg, PA 15370
Counsel of record
(Via CM/ECF electronic mail)

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