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David Robert Roth v. Earl F. Reitz

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


February 2, 2012

DAVID ROBERT ROTH,
PETITIONER
v.
EARL F. REITZ, WARDEN, ET AL., RESPONDENTS

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

ORDER AND NOW, this 2nd day of February, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 9), recommending that petitioner's habeas petition (Doc. 1) be dismissed without prejudice, 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 Blewitt (Doc. 9) are ADOPTED.

2. The petition for writ of habeas corpus (Doc. 1) is DISMISSED without prejudice to re-file after petitioner exhausts his state court remedies with respect to his claims.

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

CHRISTOPHER C. CONNER United States District Judge


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