JONES v. OVERMYER et al, No. 2:2015cv00771 - Document 20 (W.D. Pa. 2016)
Court Description: MEMORANDUM OPINION re 5 MOTION for "60B" Relief filed by JONATHAN PAUL JONES. Signed by Chief Judge Joy Flowers Conti on 6/30/2016. (smc)
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JONES v. OVERMYER et al Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA JONATHAN PAUL JONES, Petitioner, v. DAVID OVERMYER and THE ATTORNEY GENERAL OF PENNSYLVANIA, Respondents. ) ) ) ) ) ) ) ) ) ) ) C.A. 15-771 MEMORANDUM OPINION JOY FLOWERS CONTI, Chief United States District Judge. Petitioner Jonathan Paul Jones filed a Petition for Writ of Habeas Corpus on June 16, 2015. The case was referred to United States Magistrate Judge Robert C. Mitchell for pretrial proceedings in accordance with Magistrate Judges Act, 28 U.S.C. § 636(b)(1) and Local Rules of Court 72.C and 72.D. The Magistrate Judge’s Report and Recommendation [ECF No. 14] filed May 9, 2016 recommended that Plaintiff’s Rule 60(b) motion [ECF No. 5] be denied. Service of the Report and Recommendation was made on all parties. The parties were informed that in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Local Rule of Court 72.D.2 they had until May 23, 2016 to file any objections. Petitioner timely filed objections on May 17, 2016 [ECF No. 15] to which Defendants have not responded. The objections (identified as a “response”) merely refer to a reply (4-28-2016) Petitioner asserts he filed, but which is not part of the record before this court and to Civil No. 16-170 and No. 16-472. He raised no specific substantive objections. The objections are without merit and the analysis set forth in the Report and Recommendation is appropriate and will be adopted. In addition, on June 23, 2016, petitioner again submitted the same allegations made in his Rule 60(b) motion, which he Dockets.Justia.com captioned as a “Petition for Habeas Corpus” [ECF No. 18] which merely repeats the same allegations. Accordingly, after a de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the motion will be denied and an appropriate order will be entered: DATED: cc: June 30, 2016 The Honorable Robert C. Mitchell United States District Court Western District of Pennsylvania Ronald M. Wabby , Jr. Office of the District Attorney Appeals/Post Conviction 401 Allegheny County Courthouse Pittsburgh, PA 15219 Jonathan Paul Jones FT2789 SCI Forest PO Box 945 Marienville, PA 16239 /s/ Joy Flowers Conti__________ The Honorable Joy Flowers Conti Chief United States District Judge
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