United States District Court, W.D. Pennsylvania
December 20, 2005.
LARRY D. GIBSON, Petitioner,
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, Respondent.
The opinion of the court was delivered by: KIM GIBSON, District Judge
This matter was referred to Magistrate Judge Keith A. Pesto for
proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636 (b) (1), and subsections 3 and 4 of Local Rule 72.1 for
The Magistrate Judge filed a Report and Recommendation on
December 7, 2005, docket no. 8, recommending that the
petitioner's petition for a writ of habeas corpus be denied, but
that a certificate of appealability be granted because of the
lack of authoritative precedent.
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. No objections have been filed, and
the time to do so has expired.
After review of the record of this matter together with the
Report and Recommendation, and noting the absence of objections
thereto, the following order is entered: AND NOW, this 20th day of December, 2005, it is
ORDERED that the petitioner's petition for a writ of habeas
corpus is denied. A certificate of appealability is issued on the
substantive question posed by the petition: whether a denial of
parole based on refusal to admit guilt to the underlying criminal
offense violates the Self Incrimination Clause of the Fifth
Amendment. (Petitioner is cautioned that my issuance of a
certificate of appealability does not relieve him of the duty of
filing a timely notice of appeal.) The Report and Recommendation
is adopted as the opinion of the Court. The Clerk shall mark this
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