TALBERT v. FARRELL

Filing 10

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DISMISSED WITHOUT PREJUDICE; THERE IS NO PROBABLE CAUSE TO ISSUE A CERTIFICATE OF APPEALABILITY AND THE CLERK IS DIRECTED TO MARK THIS CASE CLOSED. SIGNED BY HONORABLE LAWRENCE F. STENGEL ON 6/3/15. 6/4/15 ENTERED AND COPIES MAILED TO PETITIONER.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CHARLES TALBERT,
Petitioner,
v.
MICHELLE FARRELL, et. al.
Respondent.

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CIVIL ACTION
15-1093

ORDER
AND NOW, this 3rd day of June 2015, upon careful and independent
consideration of the petition for writ of habeas corpus, and after review of Magistrate
Judge Lloret’s report and recommendation, doc. no. 8, to which no timely objection has
been made, IT IS HEREBY ORDERED that:
1.

The report and recommendation is APPROVED and ADOPTED; 1

2.

The petition for writ of habeas corpus is DISMISSED without prejudice;

3.

There is no probable cause to issue a certificate of appealability;

4.

The clerk is directed to mark this case CLOSED.
BY THE COURT
/s/ Lawrence F. Stengel
LAWRENCE F. STENGEL, J.

1

Since Mr. Talbert has not filed objections, I need only give some reasoned consideration to the report and
recommendation. Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). Mr. Talbert has clearly failed to exhaust
his state court remedies, because he has not yet gone to trial on the pending state charges. The petition is
symptomatic of Mr. Talbert’s litigious nature rather than any extraordinary circumstance which would warrant
habeas jurisdiction in this pre-trial setting. Mr. Talbert has filed seven lawsuits against state authorities during his
current incarceration alone. Accordingly, I find that Judge Hart’s report and recommendation is well reasoned and
free of clear error. See Fed. R. Civ. P. 72(b) advisory committee’s note.