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Albert Lowery v. Superintendent Mr. Lawler ; S. A.

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


May 17, 2011

ALBERT LOWERY, PETITIONER,
v.
SUPERINTENDENT MR. LAWLER ; S. A.
ZAPPALA, JR. ; AND TOM CORBETT, RESPONDENTS.

The opinion of the court was delivered by: Joy Flowers Conti United States District Judge

Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM ORDER

On February 11, 2011, the above captioned case was initiated by the filing of a Petition for Writ of Habeas Corpus (ECF No. 1) and was referred to a united states magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules for Magistrate Judges.

The magistrate judge filed a report and recommendation on March 3, 2011 (ECF No. 8) recommending that the Petition for Writ of Habeas Corpus be dismissed without prejudice and that a certificate of appealability be denied. Petitioner was served with the report and recommendation at his address of record and was advised he was allowed fourteen (14) days 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 17th day of May, 2011;

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED WITHOUT PREJUDICE.

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.

IT IS FURTHER ORDERED that the report and recommendation (ECF No. 8) 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.

By the Court:

cc: Albert Lowery GT-7138 SCI Huntingdon 1100 Pike Street Huntingdon, PA 16654-1112

20110517

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