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Baenig v. Pitkins

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


June 24, 2010

CHARLES BAENIG, PETITIONER
v.
DAVID PITKINS, EDWARD M. MARSICO, AND THE ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA, RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 24th day of June, 2010, upon consideration of the report (Doc. 14) of the magistrate judge, recommending that the pending motion (Doc. 13) for dismissal be granted and that the pending petition (Doc. 1) for habeas corpus relief be dismissed, and, following an independent review of the record, it appearing that petitioner Charles Baenig ("Baenig") has submitted a second or successive petition for habeas corpus review pursuant to 28 U.S.C. § 2254 to this court, (see Doc. 14 at 6), that Baenig's claims do not fall within the scope of § 2254,*fn1 and that Baenig has failed on multiple grounds to meet the jurisdictional requirements of 28 U.S.C. § 2244 for a second or successive petition to be reviewed by this court,*fn2 and it appearing that neither party has objected to the findings of the magistrate judge's report and recommendation,*fn3 and that there is no clear error on the face of the record,*fn4 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. 14) is ADOPTED.

2. Respondents' motion to dismiss (Doc. 13) is CONSTRUED as a motion to stay and DENIED as so construed.

3. The Clerk of Court is directed to DISMISS the petition (Doc. 1).

4. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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