CRUTE v. MR. WERLINGER

Filing 16

ORDER - it is hereby Ordered that the Petition for Writ of Habeas Corpus is DENIED. It is further Ordered that the Report and Recommendation (ECF No. 15 ) is ADOPTED as the Opinion of the Court. It is further Ordered that the Clerk of Court mark t his 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, and as more fully stated in said Order. Signed by Judge Kim R. Gibson on 8/26/2011. (dlg)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GEORGE W. CRUTE, Petitioner, v. MR. WELINGER, Warden, F.C.I. Loretto, ) ) ) ) ) ) ) ) ) ) Civil Action No. 10 - 226J District Judge Kim R. Gibson Magistrate Judge Lisa Pupo Lenihan Respondent. ORDER On August 30, 2010, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No.1) and was referred to a United States Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. ยง 636(b)(1), and the Local Rules for Magistrate Judges. The Magistrate Judge's Report and Recommendation (ECF No. 15), filed on August 5, 2011, recommended that the Petition for Writ of Habeas Corpus be denied. Petitioner was served with the Report and Recommendation and was advised he was allowed fourteen (14) days (i.e., until August 22, 2011) to file written objections to the Report and Recommendation. No objections have been filed. After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered: AND NOW, this Zb'-thday of August, 2011; IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 15 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. Kim R. Gibson United States District Judge cc: George W. Crute 08415-068 FCI Loretto P.O. Box 1000 Loretto, PA 15940

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