BENDER v. WYNDER
Filing
86
ORDER dismissing as moot 75 Application for Leave to Proceed in forma pauperis; Denying 77 Motion for Relief of Judgment; Adopting Report and Recommendations at Docket No. 82 . Signed by Judge Donetta W. Ambrose on 7/15/13. (hmg)
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IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
STEVEN WAYNE BENDER,
Petitioner,
v.
JAMES WYNDER, et al.,
Respondents.
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Civil Action No. 05 - 998
District Judge Donetta W. Ambrose
Chief Magistrate Judge Lisa Pupo Lenihan
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MEMORANDUM OPINION AND ORDER
This case is before the Court on Petitioner's Motion for Relief from Judgment pursuant to
Federal Rule of Civil Procedure 60(b) (ECF No. 77) and his Application for Leave to Proceed in
forma pauperis (ECF No. 75). The magistrate judge issued a Report and Recommendation on
March 4,2013, recommending that the Rule 60(b) Motion be denied and that the application to
proceed in forma pauperis be dismissed as moot. (ECF No. 82.) The parties were served with
the Report and Recommendation and informed that they had until July 2, 2013, to file written
objections. Petitioner filed timely Objections on June 19,2013. Upon review, the Court finds
that Petitioner's Objections do not undermine the recommendation of the magistrate judge.
Therefore, after de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, and Objections thereto, the following order is entered.
AND NOW this~ay of July, 2013,
IT IS HEREBY ORDERED that Petitioner's Motion for Relief from Judgment pursuant
to Federal Rule of Civil Procedure 60(b) (ECF No. 77) is DENIED.
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IT IS FURTHER ORDERED that Petitioner's Application for Leave to proceed in
forma pauperis (ECF No. 75) is DISMISSED as moot. Petitioner already paid the five dollar
filing fee in this case on September 15, 2005. (ECF No.3.) If Petitioner desires to appeal, then
he should seek permission to proceed in forma pauperis from the Circuit Court.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation dated March 4,
2013 (ECF No. 82), is ADOPTED as the Opinion of this Court.
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.
Donetta W. Ambrose
Qfticf UIiited ~tates MagistF"'e IYQse
5\r.
cc: Steven Wayne Bender
ES-6699
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Via Us. Postal Mail
Counsel of Record
Via ECF Electronic Mail
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