United States District Court, W.D. Pennsylvania
October 13, 2005.
JAMES A. RUSSELL Petitioner,
DONALD KELCHNER, Superintendent; DISTRICT ATTORNEY FOR THE COUNTY OF CAMBRIA; ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.
The opinion of the court was delivered by: ARTHUR SCHWAB, District Judge
The above captioned Petition was transferred from the Eastern
District of Pennsylvania to this Court on August 26, 2005, and
was referred to United States Magistrate Judge Lisa Pupo Lenihan
for pretrial proceedings 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
September 12, 2005, recommended that this petition be dismissed
without prejudice before the effectuation of service because
Petitioner has failed to exhaust state court remedies. It was
further recommended that a certificate of appealability be
denied. Service of the report and recommendation was made on the
Petitioner at S.C.I. CCamp Hill, P.O. Box 200, Camp Hill, PA
17001-0200. The Petitioner was informed that in accordance with
Magistrates Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule
72.1.4(B) of the Local Rules for Magistrates, he had ten (10)
days to file any objections. No objections have been filed. After review of the petition in this
case together with the report and recommendation the following
order is entered:
AND NOW, this 11th day of October, 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus is DISMISSED without prejudice.
IT IS FURTHER ORDERED that a certificate of appealability is
IT IS FURTHER ORDERED that the Report and Recommendation of
Magistrate Judge Lenihan, dated August 12, 2005, is adopted as
the opinion of the court.
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