Tiraldo v. Sommers et al
ORDER ADOPTING REPORT 8 of Magistrate Judge Saporito, DISMISSING petition for writ of habeas corpus 1 as MOOT, finding no basis to issue a certificate of appealability, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/8/17. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SAUL C. TIRADO,
JACK SOMMERS, Superintendent,
CIVIL ACTION NO. 3:16-CV-1941
(Chief Judge Conner)
AND NOW, this 8th day of August, 2017, upon consideration of the report
(Doc. 8) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court
dismiss the petition (Doc. 1) for writ of habeas corpus filed by petitioner Saul C.
Tirado (“Tirado”), wherein Judge Saporito opines that the release of Saporito from
custody renders his petition moot, 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 Saporito’s recommendation, and concluding that there is no
clear error on the face of the record, it is hereby ORDERED that:
The report (Doc. 8) of Magistrate Judge Saporito is ADOPTED.
Tirado’s petition (Doc. 1) for writ of habeas corpus pursuant to 28 U.S.C.
§ 2254 is DISMISSED as moot.
The court finds no basis to issue a certificate of appealability. See R.
GOVERNING SECTION 2254 CASES R. 11(a).
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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