Lee v. Krom et al

Filing 18

ORDER ADOPTING REPORT 17 of Magistrate Judge Saporito, DISMISSING petition for writ of habeas corpus 1 w/out prejudice, 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 1/10/18. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA DONOVON N. LEE, Petitioner v. JUDGE ANGELA KROM, Respondent : : : : : : : : : CIVIL ACTION NO. 1:17-CV-1078 (Chief Judge Conner) ORDER AND NOW, this 10th day of January, 2018, upon consideration of the report (Doc. 17) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court deny the petition (Doc. 1) for writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 by petitioner Donovon N. Lee (“Lee”), wherein Judge Saporito opines that Lee’s petition must be dismissed for failure to exhaust state remedies, (see Doc. 17 at 4-6), and it appearing that Lee did not object to the report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure 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 independent review of the record, the court being in full agreement with Judge Saporito’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. 17) of Magistrate Judge Saporito is ADOPTED. 2. Lee’s petition (Doc. 1) for writ of habeas corpus is DISMISSED without prejudice. 3. The court finds no basis to issue a certificate of appealability. 28 U.S.C. § 2253(c); see also 28 U.S.C. § 2254 Rule 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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