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Yana Tkochenko v. Mary Sabol

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


April 19, 2011

YANA TKOCHENKO,
PETITIONER
v.
MARY SABOL, WARDEN, YORK COUNTY PRISON, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 19th day of April, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 5), recommending that Petitioner's Petition for Writ of Habeas Corpus be granted, 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 and Recommendation of Magistrate Judge Carlson (Doc. 5) are ADOPTED.

2. Petitioner's Petition for Writ of Habeas Corpus is GRANTED.

3. Within fifteen (15) days, Respondents shall provide Petitioner with a hearing before an immigration judge where, if the government wishes to detain Petitioner during the course of her removal proceedings, it shall have the burden of proving that Petitioner is a flight risk or a danger to the community. Thereafter, Respondents shall provide forthwith to the undersigned a complete status report of these proceedings in accordance with the Recommendations of Judge Carlson. See Doc. 5, p. 20.

CHRISTOPHER C. CONNER United States District Judge


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