Foust v. Superintendent Brooks

Full title: MICHAEL PAUL FOUST, Petitioner, v. SUPERINTENDENT BROOKS, et al.…

Court: United States District Court, W.D. Pennsylvania

Date published: Jul 24, 2006

Civil Action No. 04-176 Erie (W.D. Pa. Jul. 24, 2006)

Opinion

Civil Action No. 04-176 Erie.

July 24, 2006

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on June 23, 2004, and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 5], filed on July 6, 2006, recommended that Petitioner's Petition [Doc. No. 1] be dismissed and that a certificate of appealability be denied. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Petitioner by certified mail and on Respondents. Petitioner filed objections on July 18, 2006 [Doc. No. 6]. After de novo review of the petition and documents in the case, together with the Report and Recommendation and objections thereto, the following order is entered:

AND NOW, this 24^th day of July, 2006;

IT IS HEREBY ORDERED that the Petitioner's Petition for Writ of Habeas Corpus [Doc. No. 1] is DISMISSED and a certificate of appealability is DENIED.

The Report and Recommendation [Doc. No. 5] of Magistrate Judge Baxter, filed on July 6, 2006, is adopted as the opinion of the Court.