United States District Court, W.D. Pennsylvania
November 1, 2005.
DERRICK R. COOMBS Petitioner
RAYMOND J. SOBINA, Superintendent, S.C.I. SOMERSET, et al., Respondents.
The opinion of the court was delivered by: KIM GIBSON, District Judge
Petitioner's Motion to Recall Order, and Relief From Judgment
and Mandatory Evidentiary Hearing, docket no. 128, Motion for
Summary Judgment, docket no. 130, and Motion for Declaratory
Judgment, docket no. 131, were referred to Magistrate Judge Keith
A. Pesto for proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636(b), and Local Rule 72.1 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on
October 17, 2005, docket no. 132, recommending that the motions
be denied and that petitioner be barred from filing further
motions of the same type.
The parties were notified that pursuant to 28 U.S.C. § 636(b)
(1), they had ten days to serve and file written objections to
the Report and Recommendation. The petitioner filed objections,
docket no. 133, which I have considered but find to be without
After de novo review of the record of this matter together
with the Report and Recommendation and the objections thereto,
the following order is entered: AND NOW, this 1st day of November, 2005, it is
ORDERED that the petitioner's Motion to Recall Order, and
Relief From Judgment and Mandatory Evidentiary Hearing, docket
no. 128, Motion for Summary Judgment, docket no. 130, and Motion
for Declaratory Judgment, docket no. 131, are denied. The Report
and Recommendation is adopted as the opinion of the Court. The
Clerk shall return unfiled and undocketed any further motions
under Rule 60 and any other motions purporting to be attempts to
reopen this matter.
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