KENNEDY v. COMMONWEALTH OF PENNSYLVANIA

Filing 9

ORDER THAT THE REPORT AND RECOMMENDATION IS APPROVED AND ADOPTED; THE PETITION FOR WRIT OF HABEAS CORPUS IS DENIED WITHOUT PREJUDICE; NO CERTIFICATE OF APPEALABILITY SHALL ISSUE; THIS CASE SHALL BE CLOSED FOR STATISITICAL PURPOSES. SIGNED BY HONORABLE GERALD J. PAPPERT ON 8/7/17. 8/7/17 ENTERED AND COPIES MAILED TO PRO SE PETITIONER AND E-MAILED. (jpd )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
ARDELL KENNEDY,
Petitioner,

CIVIL ACTION
NO. 17-0980

v.
COMMONWEALTH OF
PENNSYLVANIA, et al.,
Respondents.
ORDER

AND NOW, this 7th day of August, 2017, upon consideration of the Petition for
Writ of Habeas Corpus, and the Report and Recommendation of Magistrate Judge
Linda K. Caracappa, it is hereby ORDERED that:
1. The Report and Recommendation, (ECF No. 7), is APPROVED and
ADOPTED;1
2. The Petition for Writ of Habeas Corpus, (ECF No. 1), is DENIED without
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 Henderson v. Carlson, 812
F.2d 874, 878–79 (3d Cir. 1987) (district courts should afford some level of review to dispositive legal
issues raised and some reasoned consideration to the report before adopting it). The Court has done
so here and accepts Magistrate Judge Caracappa’s recommendation that Kennedy’s Petition should
be denied without prejudice because he has not yet exhausted his claim in state court.
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