United States District Court, W.D. Pennsylvania
August 11, 2005.
RUSSELL WINSTON, Petitioner,
COMMONWEALTH OF PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This petition for writ of habeas corpus was transferred from
the United States District Court for the Middle District of
Pennsylvania and received by the Clerk of Court on March 3, 2004
and was referred to United States Magistrate Judge Susan Paradise
Baxter for report and recommendation in accordance with the
Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and
72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation, filed on July
22, 2005, recommended that the petition for writ of habeas corpus
be dismissed, that a certificate of appealability be denied, and
that Petitioner's motion for summary judgment [Doc. No. 23] be
denied. The parties were allowed ten (10) days from the date of
service to file objections. Service was made on Petitioner by
certified mail at SCI Albion, where he is incarcerated, and on
Respondent. Petitioner has filed no objections to Magistrate
Judge Baxter's Report and Recommendation. After de novo review of
the petition and documents in the case, together with the Report
and Recommendation, the following order is entered:
AND NOW, this 11th day of August 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus is DISMISSED and that a certificate of appealability be
denied. IT IS FURTHER ORDERED that Petitioner's motion for summary judgment [Doc. No.
23] is DENIED.
The Report and Recommendation of Magistrate Judge Baxter, filed
on July 22, 2005, is adopted as the opinion of the Court.
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