Broussard v. United States of America et al

Filing 8

ORDER: 1) The r and r 5 is ADOPTED;2) Petrs mtn for leave to proceed ifp is CONDITIONALLY GRANTED 3 ;3) The petn for a writ of habeas corpus 1 is DENIED as both premature and procedurally improper;4) The Clerk of Court is DIRECTED to close this file; and5) Any appeal taken from this order is deemed frivolous and not in good faith. Signed by Honorable Sylvia H. Rambo on 1/7/21. (ma)

Case 1:20-cv-02180-SHR Document 8 Filed 01/07/21 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
:
:
:
Petitioner,
:
:
v.
:
:
UNITED STATES OF AMERICA,
:
Respondent. :
AARON BROUSSARD,

Civil No. 1:20-cv-2180

Judge Sylvia H. Rambo

ORDER
Before the court is a report and recommendation of the magistrate judge in
which he recommends that Petitioner Aaron Broussard’s petition for writ of habeas
corpus be summarily dismissed as the petition seeks to litigate claims relating to an
active, on-going criminal case pending before another judge of this court. (Doc. 5.)
Objections to the report and recommendation were due on December 7, 2020, and
to date, no objections have been filed.
In considering whether to adopt a report and recommendation when no
objections have been filed, 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 Univac
Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)
(explaining that judges should review dispositive legal issues raised by the report for
clear error). Following an independent review of the record and upon a careful

Case 1:20-cv-02180-SHR Document 8 Filed 01/07/21 Page 2 of 2

review of the report and recommendation, the court is satisfied that the report and
recommendation contains no clear error and will therefore adopt the
recommendation. Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:
1) The report and recommendation (Doc. 5) is ADOPTED;
2) Petitioner’s motion for leave to proceed in forma pauperis is
CONDITIONALLY GRANTED (Doc. 3);
3) The petition for a writ of habeas corpus (Doc. 1) is DENIED as both
premature and procedurally improper;
4) The Clerk of Court is DIRECTED to close this file; and
5) Any appeal taken from this order is deemed frivolous and not in good faith.

s/Sylvia H. Rambo
United States District Judge
Dated: January 7, 2020