United States District Court, W.D. Pennsylvania
December 16, 2005.
JEFFREY TAYLOR, Petitioner,
NEIL MECHLING, et al, Respondents.
The opinion of the court was delivered by: GARY LANCASTER, District Judge
The above-captioned Petition was received by the Clerk of Court
on April 26, 2004, 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 (Doc. No. 14),
filed on October 4, 2005, recommended that the Petition for Writ
of Habeas Corpus be dismissed as untimely and that a certificate
of appealability be denied. Service was made on the Petitioner at
SCI Fayette, Box 9999, LaBelle, PA 15450-0999, and on counsel of
record for the Respondents. The parties were informed that in
accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1)(B) and
(C), and Rule 72.1.4(B) of the Local Rules for Magistrates, that
they had ten (10) days to file any objections. On October 12,
2005, Petitioner filed Objections to the magistrate judge's
Report and Recommendation. (Doc. No. 15). These objections have
been found to be without merit. After review of the pleadings and
the documents in the case, together with the Report and
Recommendation and Petitioner's Objections, the following order
AND NOW, this 16th day of December, 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus is DISMISSED.
IT IS FURTHER ORDERED that a certificate of appealability is
IT IS FURTHER ORDERED that the Report and Recommendation
(Doc. No. 14) of Magistrate Judge Lenihan, dated October 4, 2005,
is adopted as the opinion of the court.
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