EVANS v. MILLION

Filing 4

MEMORANDUM ORDER - it is Ordered that the petitioner's petition for a writ of habeas corpus, ECF No. 1 , is dismissed for lack of jurisdiction; 2 Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 8/16/2016. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ROGER F. EVANS,
Petitioner
Case No. 3:16-cv-173-KRG-KAP

V.

SHAWN MILLION, WARDEN,
F.C.I. LORETTO,
Respondent
Memorandum Order
This matter was referred to Magistrate Judge Keith A.
Pesto for proceedings in accordance with the Magistrates Act, 28
U.S.C.§ 636, and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on July 28, 2016, ECF no. 2, recommending that the petition for a
writ of habeas corpus be dismissed for
jurisdiction.

lack of subject matter

See Cardona v. Bledsoe, 681 F.3d 533 (3d Cir.2012).

The petitioner was notified that pursuant to 28 U.S.C.§
636(b) (1), he had fourteen days to file written objections to the
Report and Recommendation.

Petitioner filed timely objections at

ECF no. 3, but they are without merit.
After de

novo

review of

the

record,

the

Recommendation, and the timely objections thereto,
order is entered:

Report

and

the following

AND NOW, this

~~ay

of August, 2016,

it is

ORDERED that the petitioner's petition for a writ of
habeas corpus is dismissed for lack of jurisdiction.

The Report

and Recommendation is adopted as the opinion of the Court.
Clerk shall mark this matter closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice by U.S. Mail to:
Roger F. Evans, Reg. No. 53001-037
F.C.I. Loretto
P.O. Box 1000
Loretto, PA 15940

2

The