United States District Court, W.D. Pennsylvania
December 16, 2005.
WALTER MAY, II, Petitioner,
LOUIS FOLINO, Respondent.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
This habeas corpus action was received by the Clerk of Court on
June 18, 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. 12],
filed on November 30, 2005, recommended that Petitioner's
Petition [Doc. No. 3] be denied 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 Defendant. No objections were
filed. After de novo review of the petition and documents in
the case, together with the Report and Recommendation, the
following order is entered:
AND NOW, this 15th day of December, 2005;
IT IS HEREBY ORDERED that the Plaintiff's Petition [Doc. No. 3]
is DENIED and a certificate of appealability is DENIED.
The Report and Recommendation [Doc. No. 12] of Magistrate Judge
Baxter, filed on November 30, 2005, is adopted as the opinion of
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