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Joseph Bestman v. Thomas Decker

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


July 28, 2011

JOSEPH BESTMAN,
PETITIONER
v.
THOMAS DECKER, ET AL., RESPONDENTS

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 28th day of July, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 1), recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be denied without prejudice to renewal at such time, if any, as the delay and detention becomes unreasonable and excessive, 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 Martin C. Carlson (Doc. 11) are ADOPTED.

2. The Petition for Writ of Habeas Corpus is DENIED without prejudice to renewal at such time, if any, as the delay and detention become unreasonable and excessive.

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

CHRISTOPHER C. CONNER United States District Judge


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