BRILEY v. HOLDER et al

Filing 15

MEMORANDUM ORDER - it is hereby Ordered that 1 Petition for Writ of Habeas Corpus is DISMISSED for lack of subject matter jurisdiction. It is further Ordered that the Report and Recommendation (ECF No. 13 ) 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, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 3/4/2015. (dlg)

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

JAY BONANZA BRILEY,
Petitioner,
vs.
ERIC HOLDER, JR., Attorney General;
and MARK A. KIRBY, Warden,
Federal Correctional Institute, Loretto,
Pennsy Ivania,
Respondents.

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Civil Action No.3: 14-cv-0193
United States District Judge
Kim R. Gibson

MEMORANDUM ORDER

On September 9, 2014, 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. § 636(b)(1), and
the Local Rules of Court for Magistrate Judges.
The magistrate judge filed a Report and Recommendation on February 9, 2015 (ECF No.
13), recommending that the Petition for Writ of Habeas Corpus be dismissed for lack of subject
matter jurisdiction.

On February 23, 2015, Petitioner filed Objections to the Report and

Recommendation (ECF No. 14). 1 Petitioner's objections do not undermine the recommendation
of the magistrate judge.
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections thereto, the following order is entered:

The Objections were filed on February 23, 2015, as determined by the mailbox rule for
prisoner filings. See Houston v. Lack, 487 U.S. 266 (1988). The Objections were signed on
February 23, 2015, and Petitioner submitted a Notice of Filing which reflects that he placed his
objections in the prison mail room on February 23, 2015. Accordingly, the Court concludes that
the objections were filed on the date the objections were signed, the earliest date possible that
they could have been delivered to prison officials for mailing.
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AND NOW, this

day of March, 2015:

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus Is
DISMISSED for lack of subject matter jurisdiction.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 13) 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 ofthe Federal Rules of Appellate Procedure.

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Kim R. Gibson
United States District Judge

cc:

JAY BONANZA BRILEY
48412-083
LORETTO
FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1000
LORETTO, PA 15940
(via U.S. First Class Mail)
Arnie S. Murphy
United States Attorneys Office
(via ECF electronic notification)