Bey v. State of Pennsylvania

Filing 6

ORDER 1. The Report and Recommendation (Doc. 4) of Magistrate JudgeSchwab is ADOPTED in its entirety. 2. This matter DISMISSED without prejudice3. The Clerk of Court is directed to CLOSE the file on this case.(eo)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
AUSETT MAAT WISDOM BEY,
Petitioner,
v.
STATE OF PENNSYLVANIA,
Respondents.

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1:16-cv-1756

Hon. John E. Jones III
Hon. Susan E. Schwab

ORDER
November 22, 2016
AND NOW, upon consideration of the Report and Recommendation (Doc.
4) of United States Magistrate Judge Susan E. Schwab recommending that
Petitioner’s action be dismissed without prejudice for failing to complete the in
forma pauperis application despite being given leave to do so, and noting that
Petitioner has not supplemented or completed her in forma pauperis application
and further noting that the copy of the Report and Recommendation that was sent
to Petitioner from the Clerk of this Court was returned as “Undeliverable; Unable
to Forward,” and thus further noting that there is no clear error on the record, see
Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that “failing to timely
object to [a report and recommendation] in a civil proceeding may result in
forfeiture of de novo review at the district court level”) and the Court finding Judge

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Schwab’s analysis to be thorough, well-reasoned, and fully supported by the record
IT IS HEREBY ORDERED THAT:
1.

The Report and Recommendation (Doc. 4) of Magistrate Judge
Schwab is ADOPTED in its entirety.

2.

This matter DISMISSED without prejudice

3.

The Clerk of Court is directed to CLOSE the file on this case.

s/ John E. Jones III
John E. Jones III
United States District Judge

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