IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 8, 2011
CYRIL C. ODOGWU,
ERIC HOLDER, JANET NAPOLITANO, THOMAS R. DECKER AND MARY SABOL, RESPONDENTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 8th day of March, 2011, upon consideration of the Report
and Recommendation of United States Magistrate Judge Thomas M. Blewitt
recommending that petitioner's habeas petition, to the extent it
challenges his continued
detention as unconstitutional (i.e. Zadvydas claim) be denied, that
process claims be denied, that BICE be directed to schedule another
custody review for
petitioner within thirty (30) days, and that BICE be directed to
provide petitioner with
advance notice of it, and, following an independent review of the
record, it appearing
that neither party has objected to the magistrate judge's report and
and that there is no clear error on the face of the record,*fn1
see Nara v. Frank, 488 F.3d 187,
194 (3d Cir. 2007) (explaining that "failing to timely object to [a
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 Magistrate Judge Blewitt (Doc. 15) is ADOPTED in its entirety.
2. Petitioner's habeas petition (Doc. 1), to the extent it challenges his continued detention as unconstitutional (i.e. Zadvydas claim), is DENIED, and petitioner's due process claims are DENIED.
3. BICE is directed to schedule another custody review for petitioner within thirty (30) days and to provide petitioner with advance notice of said review.
4. The Clerk of Court is directed to CLOSE this matter.
CHRISTOPHER C. CONNER United States District Judge