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Ludy v. Warden

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


December 19, 2006

DARYL A. LUDY, PETITIONER,
v.
WARDEN, FCI MCKEAN, RESPONDENT.

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

MEMORANDUM ORDER

This habeas corpus action was received by the Clerk of Court on September 23, 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 Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 13], filed on October 27, 2006, recommended that Petitioner's Petition be denied and that the Motion to Expedite this case [Doc. No. 11] be denied as moot. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail and on Respondent. Petitioner was subsequently granted two extensions of time in which to file objections [Doc. Nos. 14 and 15]. No objections were filed. 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 19th day of December, 2006; IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus is DENIED and the Motion to Expedite this case is DENIED as moot.

The Report and Recommendation [Doc. No. 13] of Magistrate Judge Baxter, filed on October 27, 2006, is adopted as the opinion of the Court.

Susan Paradise Baxter, U.S. Magistrate Judge

20061219

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