Opinion
CIVIL ACTION NO. 15-0430
02-08-2017
RALPH ROMAN Petitioner-pro se v. MICHAEL OVERMYER, et al. Respondents
ORDER
AND NOW, this 8th day of February 2017, upon consideration of the pleadings and record herein, and after careful and independent consideration of the Report and Recommendation ("R&R") submitted by United States Magistrate Judge Elizabeth T. Hey, [ECF 36], to which no objections were filed, it is hereby ORDERED that:
Because no objections to the R&R were filed, this Court reviewed the R&R under the "plain error" standard. See Facyson v. Barnhart, 2003 WL 22436274, at *2 (E.D. Pa. May 30, 2003). Under this plain error standard of review, an R&R should only be rejected if the magistrate judge commits an error that was "(1) clear or obvious, (2) affect[ed] 'substantial rights,' and (3) seriously affected the fairness, integrity or public reputation of judicial proceedings." Leyva v. Williams, 504 F.3d 357, 363 (3d Cir. 2007) (internal quotations and citations omitted). Here, after a thorough review of the record and the R&R, this Court finds no error and, therefore, adopts the R&R in its entirety. --------
1. The Report and Recommendation is APPROVED and ADOPTED.
2. Petitioner's petition for a writ of habeas corpus is DENIED.
3. There is no probable cause to issue a certificate of appealability.
The Clerk of Court is directed to CLOSE this matter.
BY THE COURT:
/s/ Nitza I. Quiñones Alejandro
NITZA I. QUIÑONES ALEJANDRO
Judge, United States District Court