HILARIO v. WIGIN

Filing 16

MEMORANDUM ORDER - it is hereby Ordered that Petition for Writ of Habeas Corpus (ECF No. 3 ) is DISMISSED. It is further Ordered that the Report and Recommendation (ECF No. 14 ) is ADOPTED as the Opinion of the Court. It is further Ordered that t he 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, Plaintiff has 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 6/22/2015. (dlg)

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

GADY PICHARDO HILARIO
Petitioner,

V.

GEORGE WIGIN, WARDEN, MVCC,
Respondent.

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Civil Action No. 3:14-cv-0253
United States District Judge
Kim R. Gibson

MEMORANDUM ORDER

On November 11, 2014, the above captioned case was initiated by the filing of an
Emergency Petition for Immediate Release Pursuant to U.S.C. § 2241 (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 May 21, 2015 (ECF No. 14)
recommending that the Petition for Writ of Habeas Corpus be denied. Petitioner filed timely
Objections to the Report and Recommendation (ECF No. 15). Petitioner's objections do not
undermine the recommendation of the magistrate judge as the objections do not show that
Petitioner's sentence is being calculated in violation of 18 U.S.C. § 3585(b).
After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and the Objections :rto, the following order is entered:
AND NOW, this

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day of June, 2015:

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is
DISMISSED.

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IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 14) 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)(l) of the Federal Rules
of Appellate Procedure, Plaintiff 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:

GADY PICHARDO HILARIO
71152-053
Moshannon Valley Correctional Institution
Unit B
555 Geo Drive
Philipsburg, PA 16866
(via United States First Class Mail)
Arnie S. Murphy
United States Attorneys Office
(via ECF electronic notification)