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Bey v. Commonwealth

United States District Court, Third Circuit

December 16, 2013

AMIR MAJIKE BEY, Plaintiff,
v.
COMMONWEALTH OF PENNSYLVANIA, et al., Defendants.

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 Amir Majike Bey ("Bey") because the claims are wholly unexhausted, improperly successive, and meritless, and following an independent review of the record, 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 motion (Doc. 3) for leave to proceed in forma pauperis is GRANTED.
3. The petition (Doc. 1) for writ of habeas corpus pursuant to 28 U.S.C. ยง 2254 is DISMISSED.
4. No certificate of appealability shall issue.
5. The Clerk of Court is DIRECTED to close this case.

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