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Josey v. Pennsylvania Board of Probation and Parole

United States District Court, Third Circuit

January 28, 2014

LEROY JOSEY, Petitioner,
v.
PENNSYLVANIA BOARD OF PROBATION AND PAROLE, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 28th day of January, 2014, upon consideration of the report and recommendation (Doc. 45) of Magistrate Judge Karoline Mehalchick, recommending the court grant in part and deny in part the motion to dismiss (Doc. 36) filed by respondents, deny petitioner's motion (Docs. 1, 4) for a writ of habeas corpus and dismiss his petition with prejudice, and deny petitioner's various motions for injunctive relief (Docs. 37, 39, 41), and after an independent review of the record, and noting that the petitioner filed objections[1] (Doc. 46) to the magistrate judge's report on January 7, 2014, and the court finding Judge Mehalchick's analysis to be thorough, well-reasoned, and fully supported by the record, and the court further finding the petitioner's objections to be without merit[2] and squarely addressed by Judge Mehalchick's report, it is hereby ORDERED that:

1. The report (Doc. 45) of Magistrate Judge Mehalchick is ADOPTED in its entirety.
2. Respondent's motion to dismiss (Doc. 36) is GRANTED to the extent the motion seeks denial of the petition (Docs. 1, 4) and dismissal of petitioner's claims on the merits.
3. The petition (Docs. 1, 4) for a writ of habeas corpus is DENIED and DISMISSED with prejudice.
4. Petitioner's motions (Docs. 37, 39, 41) for various forms of injunctive relief are DENIED as beyond the scope of habeas relief.
5. No certificate of appealability shall issue.
6. The Clerk of Court is directed to CLOSE this case.

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