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Brown v. Lawler

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


February 3, 2010

GREGORY GARRETT BROWN, PETITIONER,
v.
RAYMOND LAWLER, ET AL., RESPONDENTS.

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 May 5, 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 [Doc. No. 2], filed on May 19, 2009, recommended that Petitioner's Petition be dismissed for lack of jurisdiction and that a certificate of appealability be denied. It was further recommended that Petitioner's motion for leave to proceed in forma pauperis be dismissed. Petitioner was allowed ten (10) days from the date of service to file objections and service was made on Petitioner by certified mail. Petitioner filed objections on June 4, 2009 [Doc. No. 3]. 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 3rd day of February, 2010;

IT IS HEREBY ORDERED that the Petitioner's Petition is DISMISSED for lack of jurisdiction and a certificate of appealability is DENIED. It is further ORDERED that Petitioner's motion for leave to proceed in forma pauperis is DISMISSED.

The Report and Recommendation [Doc. No. 2] of Magistrate Judge Baxter, filed on May 19, 2009, is adopted as the opinion of the Court.

Susan Paradise Baxter, U.S. Magistrate Judge

20100203

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