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William H. Evans v. Wayne County Correctional Facility

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


April 9, 2012

WILLIAM H. EVANS,
PETITIONER
v.
WAYNE COUNTY CORRECTIONAL FACILITY, ET AL., RESPONDENTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 9th day of April, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 5), recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be denied 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"), and the Court finding Judge Blewitt's analysis to be thorough and well-reasoned,*fn2 it is hereby ORDERED that:

1. The Petition for Writ of Habeas Corpus (Doc 1) is DENIED without prejudice to any right petitioner may have to raise his instant claims in a § 1983 civil rights action

2. The In Forma Pauperis Motion (Doc. 4) is GRANTED solely for the purpose of filing this action.

3. The Clerk of Court is directed to STRIKE from the record pages 9-25 of Document 5.

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

CHRISTOPHER C. CONNER United States District Judge


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