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Cotto v. Tennis

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


October 9, 2009

LUIS R. COTTO, PETITIONER,
v.
FRANKLIN J. TENNIS, ET AL., RESPONDENTS.

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

MEMORANDUM ORDER

This petition for writ of habeas corpus was received by the Clerk of Court on July 8, 2009 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, filed on August 12, 2009 [5], recommends that the Petitioner's Motion for Leave to Proceed In Forma Pauperis [1] be denied. Petitioner 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 Rockview, where he is incarcerated. Objections were filed by Petitioner on August 19, 2009 [6]. 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 9th day of October, 2009;

IT IS HEREBY ORDERED that the Petitioner's Motion for Leave to Proceed In Forma Pauperis [1] be, and hereby is, DENIED. The Report and Recommendation of Magistrate Judge Baxter, dated August 12, 2009 [5], is adopted as the opinion of the Court.

20091009

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