IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
April 10, 2012
LUTHER J. PFLEEGOR,
: THE ATTORNEY GENERAL OF THE STATE OF PENNSYLVANIA, ET AL., RESPONDENTS
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 10th day of April, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 10), recommending that the Petition for Writ of Habeas Corpus (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 Petition for Writ of Habeas Corpus (Doc 1) is DISMISSED without prejudice for petitioner to exhaust his state court remedies.
2. The Clerk of Court is directed to CLOSE this matter.
CHRISTOPHER C. CONNER United States District Judge