IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
December 7, 2011
WILLIAM CLEVELAND PHILLIPS,
D. SAVEN, DISTRICT ATTORNEY OF THE COUNTY OF BERKS COUNTY, PA, AND PA STATE ATTORNEY GENERAL, RESPONDENTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 7th day of December, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 6), recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be transferred to the United States District Court for the Eastern District of Pennsylvania, 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 Mannion (Doc. 6) are ADOPTED.
2. The Clerk of Court is directed to TRANSFER this action to the United States District Court for the Eastern District of Pennsylvania.
3. The Clerk of Court is directed to CLOSE this matter.
CHRISTOPHER C. CONNER United States District Judge