United States District Court, W.D. Pennsylvania
November 10, 2005.
VALERY JOSAPHAT, Petitioner,
FRANK D. GILLIS, et al, Respondents.
The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
A petition for writ of habeas corpus was received in the
above-captioned case by the Clerk of Court on July 7, 2004. The
case 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.
On December 8, 2004, the magistrate judge issued an Order
notifying Petitioner that his habeas petition would not be filed
or processed any further for failure to comply with the Federal
Rules and Local Rules and that if he wished to proceed he must
include $5.00 for a filing fee or move to proceed in forma
pauperis by December 28, 2004. (Doc. No. 2). Petitioner did
neither, and no further docket activity occurred.
On September 21, 2005, the magistrate judge issued a Report and Recommendation (Doc. No. 3), recommending that this case be
closed for failure to prosecute. The Petitioner was served at his
address of record, SCI Coal Township, 1 Kelley Drive, Coal
Township, PA 17866-1021. He was advised that he was allowed ten
(10) days from the date of service to file written objections to
the report and recommendation. Petitioner did not file
After review of the submissions and documents in the case,
together with the report and recommendation, the following order
AND NOW, this 10th day of November, 2005;
IT IS HEREBY ORDERED that the Clerk's office mark this case
CLOSED for failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation
(Doc. No. 3) of Magistrate Judge Lenihan, dated September 21,
2005, is adopted as the opinion of the court.
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