United States District Court, W.D. Pennsylvania
December 22, 2005.
LEVI B. SCHMALE, JR., Petitioner,
WARDEN MARILYN S. BROOKS, et al., Respondents.
The opinion of the court was delivered by: SEAN MCLAUGHLIN, District Judge
This petition for writ of habeas corpus was received by the
Clerk of Court on October 31, 2005 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
The Magistrate Judge's Report and Recommendation, filed on
December 5, 2005, recommended that the petition for writ of
habeas corpus be dismissed for Petitioner's failure to prosecute.
The parties were allowed ten (10) days from the date of service
to file objections. Service was made on Petitioner by certified
mail at SCI Albion, where he is incarcerated, and on Respondents.
Petitioner has filed no objections to Magistrate Judge Baxter's
Report and Recommendation. 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 22nd day of December, 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus is DISMISSED for Petitioner's failure to prosecute.
The Report and Recommendation of Magistrate Judge Baxter, filed
on December 5, 2005, is adopted as the opinion of the Court.
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