Rivers Bey v. Perdue

Filing 16

ORDER ADOPTING REPORT 15 of Magistrate Judge Saporito, CONSTRUING Rivers Bey's request 14 to w/draw petition as motion to voluntarily dismiss case & GRANTED as so construed, DISMISSING petition 1 for writ of h/c & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/4/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
VIRGIL RIVERS BEY,
Petitioner
v.
R.A. PERDUE, Superintendent FCI
Schuylkill,
Respondent

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CIVIL ACTION NO. 3:17-CV-173
(Chief Judge Conner)

ORDER
AND NOW, this 4th day of October, 2017, upon consideration of the
report (Doc. 15) of Magistrate Judge Joseph F. Saporito, Jr., recommending that
the court grant the request (Doc. 14) of pro se petitioner Virgil Rivers Bey (“Rivers
Bey”) to withdraw his petition (Doc. 1) for writ of habeas corpus pursuant to 28
U.S.C. § 2241, wherein Judge Saporito observes that the respondent has already
answered Rivers Bey’s petition, (Doc. 9), construes Rivers Bey’s instant request as a
motion to voluntarily dismiss this action pursuant to Federal Rule of Civil Procedure
41(a)(2), and recommends that the court grant the motion as so construed, (see Doc.
15 at 2-4), and it appearing that neither Rivers Bey nor the respondent 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. 15) of Magistrate Judge Saporito is ADOPTED.

2.

Rivers Bey’s request (Doc. 14) to withdraw his petition (Doc. 1) for writ
of habeas corpus is CONSTRUED as a motion to voluntarily dismiss
this case pursuant to Federal Rule of Civil Procedure 41(a)(2) and is
GRANTED as so construed.

3.

Rivers Bey’s petition (Doc. 1) for writ of habeas corpus is DISMISSED
without prejudice.

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