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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?