CARNEY v. MCGINLEY et al

Filing 17

ORDERED THAT MAGISTRATE JUDGE PERKIN'S REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; CARNEY'S PETITION FOR A WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE AND THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 11/20/17. 11/20/17 ENTERED AND COPIES MAILED TO PETITIONER AND EMAILED TO COUNSEL.(jaa, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
DESMOND CARNEY,
Petitioner,

CIVIL ACTION
NO. 16-02787

v.
THOMAS MCGINLEY et al.,
Respondents.
ORDER

AND NOW, this 20th day of November, 2017, upon consideration of the Petition
for a Writ of Habeas Corpus and accompanying Memorandum of Law, (ECF No. 1),
Respondents’ Responses in Opposition, (ECF Nos. 7, 12, 13), and the Report and
Recommendation of U.S. Magistrate Judge Henry Perkin, (ECF No. 14), it is hereby
ORDERED that:
1. Magistrate Judge Perkin’s Report and Recommendation is APPROVED and
ADOPTED;1
2. Carney’s Petition for a Writ of Habeas Corpus is DENIED and DISMISSED
with prejudice;
3. No certificate of appealability shall issue;2
4. This case shall be CLOSED for statistical purposes.
There are no objections to the Report and Recommendation. When no objection is made to
a report and recommendation, the 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’s notes; see also Oldrati v. Apfel, 33 F. Supp. 2d 397, 399 (E.D. Pa.
1998) (“In the absence of a timely objection, therefore, this Court will review [a] Magistrate Judge[’s]
. . . Report and Recommendation for ‘clear error.’”). No clear error appears on the face of the record
and the Court accordingly accepts Judge Perkin’s recommendation.
1

Reasonable jurists would not debate the Court’s disposition of petitioner’s claims. See Slack
v. McDaniel, 529 U.S. 473, 484 (2000).
2

BY THE COURT:

/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.