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Walter C. Miller v. Thomas Kearney

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


September 10, 2012

WALTER C. MILLER,
PETITIONER
v.
THOMAS KEARNEY, MARY SABOL, AND AL SABOL, RESPONDENTS

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

ORDER

AND NOW, this 10th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 10), recommending that petitioner's petition for writ of habeas corpus (Doc. 1) be dismissed, 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 Smyser (Doc. 10) are ADOPTED.

2. Petitioner's petition for writ of habeas corpus (Doc. 1) is DISMISSED for failure to exhaust state remedies.

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

CHRISTOPHER C. CONNER United States District Judge


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