BRADLEY v. U.S. PAROLE COMMISSION
Filing
17
ORDER: IT IS HEREBY ORDERED that: Magistrate Judge Joseph F. Saporito Jr.'s 16 Report and Recommendation is ADOPTED IN ITS ENTIRETY; 1 Petition for Writ of Habeas Corpus filed by Walter Bradley is DENIED; No Certificate of Appealability shall issue; and the Clerk of Courts is directed to close this case. Signed by Honorable Matthew W. Brann on 6/15/2017. (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WALTER BRADLEY,
Petitioner,
v.
U.S. PAROLE COMMISSION,
Respondent.
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No. 4:15-CV-00247
(Judge Brann)
(Magistrate Judge Saporito)
ORDER
JUNE 15, 2017
Before the Court for disposition is a Report and Recommendation filed by
Magistrate Judge Joseph F. Saporito, Jr. on May 23, 2017.1 In this Report,
Magistrate Judge Saporito recommended that (1) Walter Bradley’s Petition for A
Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2254 be dismissed with prejudice,
and (2) no certificate of appealability be issued.2 No objections to this Report and
Recommendation have since been filed.
Upon designation, a magistrate judge may “conduct hearings, including
evidentiary hearings, and . . . submit to a judge of the court proposed findings of
fact and recommendations.”3 Once filed, this Report and Recommendation is
1
ECF No. 16.
2
Id.
3
28 U.S.C. 636(b)(1)(B).
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disseminated to the parties in the case who then have the opportunity to file written
objections.4 Where no objection is made to a report and recommendation, 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.”5 Nevertheless,
whether timely objections are made or not, the district court may accept, reject or
modify, in whole or in part, the findings or recommendations made by the
magistrate judge.6
Following independent review of the record, I am satisfied that the Report
and Recommendation contains no clear facial error. In the interests of judicial
economy, I will not rehash Magistrate Judge Saporito’s sound reasoning and legal
citation. The Court is in full agreement that Walter Bradley’s Petition for a Writ of
Habeas Corpus Pursuant to 28 U.S.C. § 2254 is patently meritless and should be
dismissed with prejudice.
AND NOW, therefore, IT IS HEREBY ORDERED that:
1. Magistrate Judge Joseph F. Saporito, Jr.’s Report and Recommendation
(ECF No. 16) is ADOPTED IN ITS ENTIRETY;
4
28 U.S.C. 636(b)(1).
5
Rieder v. Apfel, 115 F.Supp.2d 496, 499 (M.D.Pa. 2000) (citing United States v. Raddatz, 447
U.S. 667, 676 (1980)).
6
28 U.S.C. § 636(b)(1); Local Rule 72.31.
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2. Walter Bradley’s Petition for a Writ of Habeas Corpus Pursuant to 28 U.S.C.
§ 2254 is DISMISSED WITH PREJUDICE;
3. No Certificate of Appealability shall issue; and
4. The Clerk of Courts is directed to close this case.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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