COUDRIET v. COLEMAN et al
Filing
6
MEMORANDUM ORDER: IT IS HEREBY ORDERED that the peition for writ of habeas corpus is DISMISSED and a certificate of appealability is DENIED; adopting 3 Report and Recommendations. Signed by Chief Judge Sean J. McLaughlin on 7/30/2013. (rlh)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
SHAWN RICHARD COUDRIET,
Petitioner,
v.
BRIAN V. COLEMAN, et al.,
Respondents.
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Civil Action No. 13-113
Chief District Judge Sean J. McLaughlin
Magistrate Judge Susan Paradise Baxter
MEMORANDUM ORDER
SEAN J. McLAUGHLIN, Chief District Judge.
The petitioner, Shawn Richard Coudriet, filed a petition for a writ of habeas corpus
pursuant to 28 U.S.C. § 2254. This case was referred to United States Magistrate Judge Susan
Paradise Baxter for a report and recommendation in accordance with 28 U.S.C. § 636(b)(1) and
Rule 72 of the Local Rules for Magistrate Judges. On June 17, 2013, the Magistrate Judge issued
a Report and Recommendation ("R&R") [ECF No. 3] in which she explained that the claims that
Coudriet has raised are not sufficient to proceed in habeas. The Magistrate Judge recommended
that, unless Coudriet files an amended petition in which he states an adequate claim, the petition
be summarily dismissed without service and a certificate of appealability be denied. 28 U.S.C.
§ 2243; Rule 4 of the Rules Governing Section 2254 Cases In the United States District Court.
Objections to the R&R were due by July 5, 2013. Coudriet did not file any. In late June,
he did file a motion for an extension to file the amended petition. [ECF No. 4]. That motion was
granted and he was ordered to file the amended petition on or before July 29, 2013. The Court
expressly advised him that "[i]f [he] does not file his amended petition by the due date, the Court
will assume that he has decided to proceed with his original petition." [ECF No. 5].
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Coudriet did not file an amended petition. Therefore, the Court assumes that he intends to
proceed with his original petition, which the Magistrate Judge recommended be summarily
dismissed without service. After de novo review of the petition and documents in this case,
together with the Report and Recommendation, the following order is entered:
AND NOW, this 30th day of July, 2013;
IT IS HEREBY ORDERED that the petition for a writ of habeas corpus is DISMISSED
and a certificate of appealability is DENIED.
The Report and Recommendation [ECF No. 3] of Magistrate Judge Baxter, filed on
June 17, 2013, is adopted as the opinion of the Court.
The Clerk is directed to mark the case closed.
s/ Sean J. McLaughlin
Chief United States District Judge
cc:
All parties of record
Susan Paradise Baxter ,
U.S. Magistrate Judge
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