Ortiz v. Kerestes et al

Filing 16

ORDER ADOPTING REPORT 15 of Magistrate Judge Schwab, DISMISSING Ortiz's petition 1 for writ of habeas corpus as MOOT, 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 9/6/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANTONIO L. ORTIZ,
Petitioner
v.
KERESTES, et al.,
Respondents

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CIVIL ACTION NO. 3:16-CV-460
(Chief Judge Conner)

ORDER
AND NOW, this 6th day of September, 2017, upon consideration of the report
(Doc. 15) of Chief Magistrate Judge Susan E. Schwab, recommending that the court
dismiss as moot the petition (Doc. 1) for writ of habeas corpus filed by petitioner
Antonio L. Ortiz (“Ortiz”), in view of Ortiz’s release to parole, 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 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 Schwab’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. 15) of Chief Magistrate Judge Schwab is ADOPTED.

2.

Ortiz’s petition (Doc. 1) for writ of habeas corpus pursuant to 28 U.S.C. §
2254 is DISMISSED as moot.

3.

The court finds no basis to issue a certificate of appealability. See 28
U.S.C. § 2253(c)(2); 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