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Guy v. Sobina

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


April 23, 2009

HOMER GUY, PETITIONER,
v.
SUPERINTENDENT SOBINA, ET AL., RESPONDENTS.

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

MEMORANDUM ORDER

This civil action was opened when Petitioner's motion for leave to proceed in forma pauperis [1] was received by the Clerk of Court on December 23, 2008. The case was referred to Chief 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 Chief Magistrate Judge's Report and Recommendation [5], filed on January 26, 2009, recommends that the Petitioner's motion for leave to proceed in forma pauperis be denied. Plaintiff was allowed ten (10) days from the date of service in which to file objections. Service was made on Petitioner by certified mail at SCI Albion, where he is incarcerated. Petitioner has filed no objections to Chief Magistrate Judge Baxter's Report and Recommendation. After de novo review of the petition and documents in the case, together with the Report and Recommendation, the following order is entered:*fn1

AND NOW, this 23rd day of April, 2009;

IT IS ORDERED that the Petitioner's motion for leave to proceed in forma pauperis [1] be, and hereby is, DENIED.

The Report and Recommendation of Chief Magistrate Judge Baxter [5], filed on January 26, 2009, is adopted as the opinion of the Court.


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