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Solomon v. Holt

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


January 4, 2010

NATHAN SOLOMON, PETITIONER
v.
RONNIE HOLT, WARDEN, RESPONDENT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 4th day of January, 2010, upon consideration of the report and recommendation of the magistrate judge (Doc. 11) recommending that the petition for writ of habeas corpus (Doc. 1), filed pursuant to 28 U.S.C. § 2241, be dismissed as a successive petition,*fn1 and alternatively dismissed on the merits,*fn2 and upon further consideration of the objections (Doc. 12) filed by petitioner, and, following an independent review of the record, it appearing that petitioner argues that his prior habeas petition was not decided on its merits, and that his sentence was erroneously calculated,*fn3 and that the magistrate judge did not have jurisdiction over the matter,*fn4 and the court finding that the merits of petitioner's prior habeas petition were previously adjudicated, and that petitioner's sentence has been appropriately calculated, and it appearing that neither party has objected the remaining findings of the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn5 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 11) is ADOPTED.

2. Petitioner's petition (Doc. 1) is DISMISSED.

3. The Clerk of Courts is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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