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Hayden v. Warden, U.S.P. Allenwood

United States District Court, Third Circuit

December 16, 2013

REGINALD EUGENE HAYDEN, Plaintiff,
v.
WARDEN, U.S.P. ALLENWOOD, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 16th day of December, 2013, upon consideration of the report of Chief Magistrate Judge Martin C. Carlson (Doc. 4), recommending the court dismiss the petition for a writ of habeas corpus (Doc. 1) filed by Reginald Eugene Hayden ("Hayden") without prejudice to Hayden requesting leave from the court of appeals to pursue a second and successive petition in the court of conviction, and following an independent review of the record, this court agreeing with the magistrate judge that Hayden's instant petition is indeed an improper second and successive petition and thus procedurally improper and subject to summary dismissal, and it appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] 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 of the magistrate judge (Doc. 4) is ADOPTED in its entirety.
2. The petition (Doc. 1) for a writ of habeas corpus filed by Reginald Eugene Hayden ("Hayden") is DISMISSED without prejudice to Hayden requesting leave from the court of appeals to pursue a second and successive petition in the court of conviction.
3. The Clerk of Court is DIRECTED to close this case.

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