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Felgar v. Pennsylvania Board of Probation and Parole

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


January 31, 2006

JOHN E. FELGAR, PETITIONER,
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, RESPONDENT.

The opinion of the court was delivered by: Sean J. McLaughlin United States District Judge

This petition for writ of habeas corpus was received by the Clerk of Court on July 1 14, 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)(I), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation, filed on January 6, 2006, recommended that the petition for writ of habeas corpus be dismissed as moot 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 at his address of record and on Respondent. Objections were filed by Petitioner on January 24, 2006. After de novo review of the petition and documents in the case, together with the Report and Recommendation and objections thereto, the following order is entered:

AND NOW, this 3Ith Day of January, 2006, IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED as moot and that a certificate of appealability is DENIED.

The Report and Recommendation of Magistrate Judge Baxter, dated January 6, 2006, is adopted as the opinion of the Court.

Susan Paradise Baxter U.S. Magistrate Judge

MEMORANDUM ORDER

20060131

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