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Michael Tyler v. David A. Varano

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


September 18, 2012

MICHAEL TYLER,
PETITIONER
v.
DAVID A. VARANO, ET AL., RESPONDENTS

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

ORDER

AND NOW, this 18th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 13), recommending that petitioner's habeas petition (Doc. 1) be dismissed as moot, 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. 13) are ADOPTED.

2. Petitioner's petition for writ of habeas corpus (Doc. 1) is DISMISSED as moot.

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

CHRISTOPHER C. CONNER United States District Judge


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