United States District Court, W.D. Pennsylvania
December 23, 2005.
CURTIS DAVIS, Petitioner,
JAMES L. GRACE; THE DISTRICT ATTORNEY OF THE COUNTY OF ALLEGHENY; and THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, Respondents.
The opinion of the court was delivered by: JOY CONTI, District Judge
The above captioned case was received on June 25, 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 filed on
October 24, 2005, recommended that the Petition for Writ of
Habeas Corpus be denied and that a certificate of appealability
be denied. The Petitioner was served at S.C.I. Huntingdon, 1100
Pike Street, Huntingdon, PA 16654-1112 and on counsel of record
for the Respondents. The parties were informed that in accordance
with 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. Petitioner filed objections to the report and recommendation on
November 7, 2005 and attached several documents to the
objections. The court finds that the import of those documents
was considered in the Report and Recommendation, i.e., in
sections H and J(a). Respondents did not file a response to the
objections. After review of the pleadings and documents in the
case, together with the report and recommendation and objections
thereto, the following order is entered:
AND NOW, this 23rd day of December, 2005;
IT IS HEREBY ORDERED that the Petition for Writ of Habeas
Corpus is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is
IT IS FURTHER ORDERED that the Report and Recommendation of
Magistrate Judge Lenihan, dated November 9, 2005, is adopted as
the opinion of the court.
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