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Andrew Ogada v. C. Lowe

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


December 9, 2010

ANDREW OGADA,
PLAINTIFF
v.
C. LOWE, IN HIS CAPACITY AS WARDEN, PIKE COUNTY CORRECTIONAL FACILITY, LORDS VALLEY, PA, ET AL. DEFENDANTS

The opinion of the court was delivered by: Yvette Kane, Chief Judge United States District Court

(Chief Judge Kane) : (Magistrate Judge Smyser)

ORDER

Before the Court in the captioned action is a November 16, 2010 report of the magistrate judge. No timely objections have been filed.

Accordingly, on this 9th day of December 2010, upon review of the record and the applicable law, IT IS HEREBY ORDERED THAT:

1. The Court ADOPTS the Report and Recommendation of Magistrate Judge Smyser.

2. The Petition is dismissed pending the resolution of the criminal charge. The dismissal will not work to prevent a subsequent petition if Petitioner's claims remain justiciable.*fn1

3. The Clerk of Court shall close this case.

Middle District of Pennsylvania


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