Hunter v. Barr et al

Filing 8

ORDER: 1) The report and recommendation of MJ Saporito 4 is ADOPTED;2) The petn 1 is DISMISSED WITHOUT PREJUDICE for lack of subject matter jurisdiction.3) The Mtn to Withdraw Petn for Writ of Habeas Corpus 6 ) is DENIED AS MOOT;4) The Clerk of Court is directed to close this file.5) Any appeal taken from this order is deemed frivolous and not in good faith.Signed by Honorable Sylvia H. Rambo on 10/16/20. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ANDRE HUNTER,
Petitioner,
v.
WILLIAM P. BARR, Sitting United
States Attorney General, et al.,

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Civil No. 3:20-cv-0600

Judge Sylvia H. Rambo

Respondents.
ORDER
Before the court is a report and recommendation of the magistrate judge (Doc.
4) in which he recommends that Andrew Hunter’s petition for a writ of habeas
corpus submitted pursuant to 28 U.S.C. § 2241 be dismissed for lack of subject
matter jurisdiction. In response to the report and recommendation, Hunter filed a
Motion to Withdraw Writ of Habeas Corpus (Doc. 6) and a Rule 60(b) Motion for
Relief from Judgment, neither of which lodge objections to the report and
recommendation.
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
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 is ADOPTED;
2) The petition (Doc. 1) is DISMISSED WITHOUT PREJUDICE for lack
of subject matter jurisdiction.
3) The Motion to Withdraw Petition for Writ of Habeas Corpus (Doc. 6) is
DENIED AS MOOT;
4) The Clerk of Court is directed to close this file.
5) Any appeal taken from this order is deemed frivolous and not in good faith.

s/Sylvia H. Rambo
United States District Judge
Dated: October 16, 2020