IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
July 9, 2010
CALVIN GRIER, JR., PETITIONER
RAYMOND LAWLER, ET AL., RESPONDENTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 9th day of July, 2010, upon consideration of the report (Doc. 12) of the magistrate judge, recommending that the petition (Doc. 1) for writ of habeas corpus, filed by petitioner Calvin Grier, Jr. ("Grier") pursuant to 28 U.S.C. § 2254, be dismissed, without prejudice, because Grier failed to exhaust the remedies available in the courts of the State and because the petition may be time barred by the federal statute of limitations under § 2244, and, following an independent review of the record, it appearing that Grier is currently attempting to litigate in state court issues parallel to the issues raised in the instant petition, (see Doc. 12 at 2), and that any issues pertaining to the federal statute of limitations hinge on the state court accepting Grier's pending out-of-time state appeal,*fn1 (see Doc. 12 at 14), and it further appearing that neither party has objected to the magistrate judge's recommendation,*fn2 and that there is no clear error on the face of the record,*fn3 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 and recommendation (Doc. 10) of the magistrate judge is ADOPTED.
2. The petition (Doc. 1) for habeas corpus is DISMISSED without prejudice.
3. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge