JABBAR-EL v. CRISWELL WIEGAND et al

Filing 16

ORDER adopting 14 Report and Recommendations. The Court accepts and adopts Judge Eddy's Report and Recommendation 14 in its entirety as the opinion of the Court with respect to Petitioners Petition for Writ of Habeas Corpus 2 , Motion to S trike 10 , and Motion to Vacate Judgment 13 . Petitioners Objections 15 are overruled. Petitioners Petition for Writ of Habeas Corpus is dismissed with prejudice. Any request for injunctive relief made by way of Petitioners Objections is denied. Petitioners Motion to Strike is denied. Petitioners Motion to Vacate Judgment is denied. Details more fully stated in the order. The Clerk of Court shall mark this case CLOSED. Signed by Judge Robert J. Colville on 5/6/22. (cjo)

Case 2:21-cv-01734-RJC-CRE Document 16 Filed 05/06/22 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
KAREEM JABBAR-EL, ex rel.,
KAREEM JABBAR ROCK, ESTATE,
Petitioner,
v.
CHRISTY CRISWELL WIEGAND,
WARDEN OF NORTHEAST OHIO
CORRECTIONAL CENTER,
UNITED STATES ATTORNEY FOR
THE WESTERN DISTRICT OF
PENNSYLVANIA, and
ATTORNEY GENERAL OF THE
UNITED STATES,
Respondents.

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Civil Action No. 2:21-cv-1734
District Judge Robert J. Colville
Chief United States Magistrate Judge
Cynthia Reed Eddy

ORDER OF COURT
Before the Court is the Report and Recommendation (ECF No. 14) issued by Chief United
States Magistrate Judge Cynthia Reed Eddy.

Judge Eddy’s Report and Recommendation

recommends that the Petition for Writ of Habeas Corpus under 28 U.S.C. § 2241 (ECF No. 2) filed
by Petitioner, Kareem Jabbar-El, ex rel., Kareem Jabbar Rock, Estate, be dismissed with prejudice
for lack of jurisdiction, and further recommends that Petitioner’s Motion to Strike (ECF No. 10)
and Motion to Vacate Judgment (ECF No. 13) be denied. Petitioner filed Objections (ECF No.
15) to the Report and Recommendation on April 5, 2022. This matter is now ripe for disposition.
Objections to a magistrate judge’s disposition of a dispositive matter are subject to de novo
review before the district judge. 28 U.S.C. § 636(b)(1)(B)-(C); Fed. R. Civ. P. 72(b)(3). The
reviewing district court must make a de novo determination of those portions of the magistrate
judge’s report and recommendation to which objections are made. Id. Following de novo review,
“[t]he district judge may accept, reject, or modify the recommended disposition; receive further
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Case 2:21-cv-01734-RJC-CRE Document 16 Filed 05/06/22 Page 2 of 2

evidence; or return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3).
The United States Court of Appeals for the Third Circuit has explained that, “even absent
objections to the report and recommendation, a district court should ‘afford some level of review
to dispositive legal issues raised by the report,’” and has “described this level of review as
‘reasoned consideration.’” Equal Employment Opportunity Comm’n v. City of Long Branch, 866
F.3d 93, 100 (3d Cir. 2017) (quoting Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)).
Upon review of Judge Eddy’s Report and Recommendation and Petitioner’s Objections, as
well as a review of the record in this matter, it is hereby ORDERED as follows:
The Court agrees with the well-reasoned analysis set forth in Judge Eddy’s Report and
Recommendation, and the Court accepts and adopts Judge Eddy’s Report and Recommendation
in its entirety as the opinion of the Court with respect to Petitioner’s Petition for Writ of Habeas
Corpus, Motion to Strike, and Motion to Vacate Judgment. Petitioner’s Objections are meritless,
and are overruled on that basis. It is hereby further ORDERED, for the reasons discussed in the
Report and Recommendation, that Petitioner’s Petition for Writ of Habeas Corpus is dismissed
with prejudice. Any request for injunctive relief made by way of Petitioner’s Objections is denied
on the same basis. Petitioner’s Motion to Strike is denied. Petitioner’s Motion to Vacate Judgment
is denied. The Clerk of Court shall mark this case CLOSED.
BY THE COURT:
/s/ Robert J. Colville______
Robert J. Colville
United States District Judge

Dated: May 6, 2022
cc/ecf: All counsel of record
Kareem Jabbar-El
434 Douglas Blvd.
Richmond Heights, OH 44143
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