United States District Court, W.D. Pennsylvania
September 26, 2005.
GLEN C. CHISAR, Petitioner,
JOHN PALAKOVICH, et al., Respondents.
The opinion of the court was delivered by: GARY LANCASTER, District Judge
Glen C. Chisar's Petition for Writ of Habeas Corpus was
received by the Clerk of Court on February 18, 2005, and was
referred to United States Magistrate Judge Francis X. Caiazza for
a 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
August 11, 2005, recommended that Petition for Writ of Habeas
Corpus filed by Glen C. Chisar be dismissed because it was filed
untimely and that a certificate of appealability be denied. The
parties were allowed ten (10) days from the date of service to
file objections. Service was made on the Petitioner by First
Class United States Mail delivered to the State Correctional
Institution at Houtzdale, Houtzdale, Pennsylvania and on the
Respondents. No objections have been filed. After review of the pleadings and documents in the case, together with the Report and
Recommendation, the following order is entered:
AND NOW, this 24th day of September, 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus filed by Glen C. Chisar is dismissed and that a
certificate of appealability is denied.
The Report and Recommendation of Magistrate Judge Caiazza,
dated August 11, 2005, is adopted as the opinion of the court.
© 1992-2005 VersusLaw Inc.