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Randall v. Wilson

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


November 2, 2006

RICHARD RANDALL, PETITIONER,
v.
HARRY WILSON, THE DISTRICT ATTORNEY OF THE COUNTY OF LYCOMING, COMMONWEALTH OF PA; AND THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS.

The opinion of the court was delivered by: Judge Terrence F. McVerry

Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER

The above captioned Petition was received by the Clerk of Court on September 9, 2005, 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. 18), filed on September 27, 2006, recommended that the Petition for Writ of Habeas Corpus be denied and that a certificate of appealability also be denied. Service was made on the Petitioner at S.C.I. Fayette, 50 Overlook Drive, LaBelle, PA 15450-0999, 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. No objections have been filed. After review of the pleadings and the documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 2nd day of November, 2006;

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DENIED.

IT IS FURTHER ORDERED that certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 18) of Magistrate Judge Lenihan, dated September 27, 2006, is adopted as the opinion of the court.

Terrence F. McVerry United States District Judge

20061102

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