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Briley v. Holder

United States District Court, W.D. Pennsylvania

March 4, 2015

JAY BONANZA BRILEY, Petitioner,
v.
ERIC HOLDER, JR., Attorney General; and MARK A. KIRBY, Warden, Federal Correctional Institute, Loretto, Pennsylvania, Respondents.

MEMORANDUM ORDER

KIM R. GIBSON, District Judge.

On September 9, 2014, 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. ยง 636(b)(1), and the Local Rules of Court for Magistrate Judges.

The magistrate judge filed a Report and Recommendation on February 9, 2015 (ECF No. 13), recommending that the Petition for Writ of Habeas Corpus be dismissed for lack of subject matter jurisdiction. On February 23, 2015, Petitioner filed Objections to the Report and Recommendation (ECF No. 14).[1] Petitioner's objections do not undermine the recommendation of the magistrate judge.

After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, and the Objections thereto, the following order is entered:

AND NOW, this 4th day of March, 2015:

IT IS HEREBY ORDERED that the Petition for Writ of Habeas Corpus is DISMISSED for lack of subject matter jurisdiction.

IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 13) 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, Petitioner has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.


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