BENDER v. WYNDER

Filing 94

ORDER denying 92 Motion for Relief of Judgment; adopting Report and Recommendations re 93 Report and Recommendations. Signed by Judge Donetta W. Ambrose on 1/25/2022. (sps)

Case 2:05-cv-00998-DWA-LPL Document 94 Filed 01/25/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
STEVEN WAYNE BENDER,

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Petitioner,

v.
JAMES WYNDER, et al.,
Respondents.

Civil Action No. 05 - 998
Senior District Judge Donetta W. Ambrose
Chief Magistrate Judge Lisa Pupo Lenihan

MEMORANDUM OPINION AND ORDER
This case is before the Court on Petitioner's Motion for Relief from Judgment pursuant to
Federal Rule of Civil Procedure 60(b) (ECF No. 92). The magistrate judge issued a Report and
Recommendation on January 7, 2022, recommending that the Rule 60(b) Motion be denied.
(ECF No. 93). The parties were served with the Report and Recommendation and informed
that they had until January 24, 2022, to file written objections. Neither party filed any
objections. For portions of a Report and Recommendation to which no objection is
made, the Court should “satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.” Hoye v. Att'y Gen. of Pa., No. 2:20cv-1049, 2020 WL 6515916, at *1 n.1 (W.D. Pa. November 5, 2020). Upon review of the
record of this matter, and the Report and Recommendation, the following order is
entered:
AND

NOW

this

25th

day

of

January,

2022, IT IS HEREBY ORDERED that Petitioner's Motion for Relief from Judgment
pursuant to Federal Rule of Civil Procedure 60(b) (ECF No. 92) is DENIED.

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Case 2:05-cv-00998-DWA-LPL Document 94 Filed 01/25/22 Page 2 of 2

IT IS FURTHER ORDERED that a certificate of appealability is DENIED.
IT IS FURTHER ORDERED that the Report and Recommendation dated January,
7, 2022 (ECF No. 93), is ADOPTED as the Opinion of this Court.

AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(l) of the Federal Rules
of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.

cc: Steven Wayne Bender
ES-6699
SCI Dallas
1000 Follies Road
Dallas, PA 18612
Via US. Postal Mail
Counsel of Record
Via ECF Electronic Mail

Donetta W. Ambrose
Senior U.S. District Judge