HERD v. SMITH et al

Filing 16

ORDERED THAT THE REPORT AND RECOMMENDATION IS APROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED AND DISMISSED WITH PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THIS CASE SHALL BE CLOSED FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 10/10/17. 10/11/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
MATTHEW HERD,
Petitioner,

CIVIL ACTION
NO. 17-538

v.
BARRY SMITH, et al.,
Respondents.
ORDER

AND NOW, this 10th day of October, 2017, upon consideration of the Petition
for a Writ of Habeas Corpus (ECF No. 1), Respondent’s Response (ECF No. 12), and the
Report and Recommendation of U.S. Chief Magistrate Judge Linda K. Caracappa, (ECF
No. 13), it is hereby ORDERED that:
1. Magistrate Judge Caracappa’s Report and Recommendation is APPROVED and
ADOPTED; 1
2. Herd’s Petition for a Writ of Habeas Corpus is DENIED and DISMISSED with
prejudice;
3. No certificate of appealability shall issue;
4. This case shall be CLOSED for statistical purposes.
BY THE COURT:
/s/ Gerald J. Pappert
GERALD J. PAPPERT, J.
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 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 Caracappa’s recommendation.

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