Thomas v. Mahally et al
Filing
7
ORDER ADOPTING REPORT 6 of Magistrate Judge Mehalchick, deeming Thomas' petiton for writ of habeas corpus 1 WITHDRAWN, finding no basis to issue certificate of appealability, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 5/11/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VINCENT THOMAS,
Petitioner
v.
LAWRENCE P. MAHALLY, et al.,
Respondents
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CIVIL ACTION NO. 1:17-CV-591
(Chief Judge Conner)
ORDER
AND NOW, this 11th day of May, 2017, upon consideration of the report (Doc.
6) of Magistrate Judge Karoline Mehalchick, recommending that the court deem
withdrawn the pro se petition (Doc. 1) for writ of habeas corpus filed by petitioner
Vincent Thomas (“Thomas”), upon notice of Thomas’s election (Doc. 5) to withdraw
his current petition to file an all-inclusive petition, and it appearing that no party has
objected to the report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure of
a party to timely object to a magistrate judge’s conclusions “may result in forfeiture
of de novo review at the district court level,” Nara v. Frank, 488 F.3d 187, 194 (3d Cir.
2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir. 1987)), but that, as
a matter of good practice, a district court should “afford some level of review to
dispositive legal issues raised by the report,” Henderson, 812 F.2d t 878; see also
Taylor v. Comm’r of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015) (citing Univac
Dental Co. v. Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)), in order
to “satisfy itself that there is no clear error on the face of the record,” FED. R. CIV. P.
72(b), advisory committee notes, and, following an independent review of the record,
the court being in agreement with Judge Mehalchick’s recommendation, and
concluding that there is no clear error on the face of the record, it is hereby
ORDERED that:
1.
The report (Doc. 6) of Magistrate Judge Mehalchick is ADOPTED.
2.
Thomas’s petition (Doc. 1) for writ of habeas corpus pursuant to 28
U.S.C. § 2254 is deemed WITHDRAWN.
3.
The court finds no basis to issue a certificate of appealability. See R.
GOVERNING SECTION 2254 CASES R. 11(a).
4.
The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
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