IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
November 29, 2012
LARRY DALLAM, PETITIONER,
LOUIS S. FOLINO,
The opinion of the court was delivered by: Judge Arthur J. Schwab
Magistrate Judge Maureen P. Kelly
The above-captioned Section 2254 habeas petition was filed pro se by Larry Dallam, who was, at the time of initiating this case, incarcerated in the State Correctional Institution at Greene.
The case was referred to Magistrate Judge Maureen Kelly in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D. Magistrate Judge Kelly's Report and Recommendation, ECF No. 5, filed on November 1, 2011, recommended that the petition be dismissed pre-service pursuant to Rule 4 because the habeas petition attacked the conditions of Petitioner's confinement rather than his conviction or sentence. A copy of the Report was sent to Petitioner at his address of record and Petitioner was informed that he had until November 19, 2012, by which to file objections to the Report.
Petitioner did not file any objections.
Accordingly, after de novo review of the Report and the record of this case, this Court hereby ORDERS that the Report is adopted and further ORDERS the Petition be dismissed pre-service for failing to state a claim that is cognizable in habeas proceedings. To the extent needed, a certificate of appealability is DENIED. The Clerk is to mark the case closed.
Arthur J. Schwab United States District Judge
cc: The Honorable Maureen P. Kelly United States Magistrate Judge Larry Dallam BB-6231 SCI Greene 175 Progress Drive Waynesburg, PA 15370
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