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Cyril C. Odogwu v. Eric Holder

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


March 8, 2011

CYRIL C. ODOGWU,
PETITIONER
v.
ERIC HOLDER, JANET NAPOLITANO, THOMAS R. DECKER AND MARY SABOL, RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of March, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 15), recommending that petitioner's habeas petition, to the extent it challenges his continued detention as unconstitutional (i.e. Zadvydas claim) be denied, that petitioner's due 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 recommendation, 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 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 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


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