United States District Court, W.D. Pennsylvania
November 10, 2005.
DONALD GRANBERRY, Petitioner,
SUPERINTENDENT BROOKS, et al., Respondents.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This habeas corpus action was received by the Clerk of Court on
August 26, 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 [Doc. No. 26],
filed on October 26, 2005, recommended that the petition for writ
of habeas corpus [Doc. No. 3] be denied as moot 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 Petitioner by certified mail and on
Respondents. No objections were filed. After de novo review of
the petition and documents in the case, together with the Report
and Recommendation and objections thereto, the following order is
AND NOW, this 10th day of November, 2005;
IT IS HEREBY ORDERED that the petition for writ of habeas
corpus [Doc. No. 3] is DENIED as moot, and a certificate of
appealability is DENIED.
The Report and Recommendation [Doc. No. 26] of Magistrate Judge
Baxter, filed on October 26, 2005, is adopted as the opinion of
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