Opinion

HAMILTON v. SMITH

Court
District Court, W.D. Pennsylvania
Filed
Aug 15, 2019
Cited by
0 cases
Authority
More cited than 29.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RONALD GLENN HAMILTON, )

) Civil Action No. 3:19-cv-0027

Petitioner, )

)

V. ) Senior United States District Judge

) Kim R. Gibson

BARRY SMITH, Superintendent, )

PENNSYLVANIA BOARD OF )

PROBATION AND PAROLE, and )

ATTORNEY GENERAL OF )

PENNSYLVANIA, )

)

Respondent. )

MEMORANDUM OPINION

Pending before the Court is the Petition for Writ of Habeas Corpus filed by Petitioner Ronald

Glenn Hamilton (ECF No. 3) and the Report and Recommendation of Chief United States Magistrate

Judge Cynthia Reed Eddy recommending that the Petition be denied and that no certificate of

appealability be issued. (ECF No. 10). Petitioner was served with the Report and Recommendation

at his listed address and was advised that he had until July 26, 2019, to file written objections to the

Report and Recommendation. To date, Plaintiff has not filed any objections. '

Ifa party does not file timely objections to a magistrate judge’s report and recommendation,

the party may lose its right to de novo review by the district court, although the court must still give

“reasoned consideration” to the magistrate judge’s report before adopting it. Henderson v. Carlson,

812 F.2d 874, 878-79 (3d Cir. 1987). The district court should, as a matter of good practice, “satisfy

itself that there is no clear error on the face of the record in order to accept the recommendation.”

Fed.R.Civ.P. 72(b), advisory committee notes.

The Court has reviewed the matter and concludes that the Report and Recommendation

correctly analyzes the issues and makes a sound recommendation. Accordingly, after de novo review

of the petition and documents in the case, together with the Report and Recommendation, the

Petition for Writ of Habeas Corpus will be denied.

An appropriate Order follows.

BY THE CQURI: .

Wr. ‘

Kim R. Gibson

Senior United States District Judge

Dated: August 4 , 2019

cc: RONALD GLENN HAMILTON

EC-1652

SCI Houtzdale

PO Box 1000

Houtzdale, PA 16698-1000

(via U.S. First Class Mail)

Morgan C. Davis

PA Board of Probation and Parole

(via ECF electronic notification)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RONALD GLENN HAMILTON, )

) Civil Action No, 3:19-cv-0027

Petitioner, )

)

Vv. ) Senior United States District Judge

) KimR. Gibson

BARRY SMITH, Superintendent, )

PENNSYLVANIA BOARD OF )

PROBATION AND PAROLE, and )

ATTORNEY GENERAL OF )

PENNSYLVANIA, )

)

Respondent. )

ORDER

AND NOW, this | 7A day of August, 2019, in accordance with the foregoing

Memorandum Opinion issued on this date, it is hereby ORDERED that the Petition for Writ of

Habeas Corpus is DENIED.

Inasmuch as reasonable jurists would not find it debatable that Petitioner has failed to

substantially allege the denial of a constitutional right, must less show such a denial, IT IS

FURTHER ORDERED that no certificate of appealability shall issue.

The Report and Recommendation filed July 8, 2019 (ECF No. 10) 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.

Ww ) \ .

Kim R. Gibson

Senior United States District Judge

cc: RONALD GLENN HAMILTON

EC-1652

SCI Houtzdale

PO Box 1000

Houtzdale, PA 16698-1000

(via U.S. First Class Mail)

Morgan C. Davis

PA Board of Probation and Parole

(via ECF electronic notification)

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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