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Goodman v. Kerestes

United States District Court, M.D. Pennsylvania

May 5, 2015

EDWARD GOODMAN, Plaintiff,
v.
JOHN KERESTES, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 5th day of May, 2015, upon consideration of the report (Doc. 17) of Magistrate Judge Susan E. Schwab, wherein the magistrate judge rejects the respondent's characterization of the instant petition (Doc. 1) pursuant to 28 U.S.C. ยง 2254 filed by petitioner and state prisoner Edward Goodman ("Goodman") as an unauthorized second or successive petition, and concludes that the instant petition involves conduct of the Pennsylvania Board of Probation and Parole occurring after resolution of Goodman's first Section 2254 petition by this court and by the Third Circuit Court of Appeals, (see Doc. 17 at 13-15 (citing Warren v. Bledsoe, No. 08-1657, 2009 WL 4823872, at *2 (M.D. Pa. Nov. 19, 2009); Walls v. Attorney General of Pa., No. 06-1598, 2007 WL 4190790, at *2 (W.D. Pa. Nov. 26, 2007)), and thus recommends the court deny respondent's motion (Doc. 12) to dismiss the petition on those grounds, (Doc. 17 at 7-15), and, following an independent review of the record, it appearing that neither party objects 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 the failure to timely object "may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report (Doc. 17) of Magistrate Judge Schwab is ADOPTED.
2. Respondent's motion (Doc. 12) to dismiss Goodman's petition (Doc. 1) as an unauthorized second or successive petition is DENIED.
3. This matter is REMANDED to Magistrate Judge Schwab for further proceedings.

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