IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
November 14, 2008
MATTHEW LEE SMITH, PETITIONER,
COMMONWEALTH OF PENNSYLVANIA; ROBERT SHANNON, SUPT.; THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, RESPONDENTS.
The opinion of the court was delivered by: District Judge Terrence F. McVerry
On April 14, 2008, the above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis accompanied by a Petition for Writ of Habeas Corpus and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
The Magistrate Judge's Report and Recommendation filed on October 24, 2008 (doc. no. 18) recommended that the Respondents' Motion to Dismiss Petition for Writ of Habeas Corpus on Grounds of Mootness (doc. no. 14) be granted. Petitioner was served with the Report and Recommendation and advised that he was allowed until November 10, 2008 to file written objections to the Report and Recommendation. No Objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 14th day of November, 2008;
IT IS HEREBY ORDERED that Respondents' Motion to Dismiss Petition for Writ of Habeas Corpus on Grounds of Mootness (doc. no. 14) is GRANTED and the Petition for Writ of Habeas Corpus is DISMISSED AS MOOT.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 18) of Magistrate Judge Lenihan dated October 24, 2008, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
Terrence F. McVerry United States District Judge
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