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Suarez v. Cameron

United States District Court, M.D. Pennsylvania
Aug 9, 2011
CIVIL ACTION NO. 1:11-CV-1087 (M.D. Pa. Aug. 9, 2011)

Summary

finding "good cause" to justify a stay and abeyance because "dismissal of Suarez's petition while he fully exhausts these state claims would ultimately cause him to run afoul of AEDPA's statute of limitations"

Summary of this case from Stoss v. Lane

Opinion

CIVIL ACTION NO. 1:11-CV-1087.

August 9, 2011


ORDER


AND NOW, this 9th day of August, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 11), recommending that the Petition for Writ of Habeas Corpus (Doc. 1) be stayed and held in abeyance, pending completion of the state appeal of Petitioner's PCRA petition, and the parties be required to provide status reports, 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, 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:

When parties fail to file timely objections to a magistrate judge's report and recommendation, the Federal Magistrates Act does not require a district court to review the report before accepting it. Thomas v. Arn, 474 U.S. 140, 149 (1985). As a matter of good practice, however, the Third Circuit expects courts to "afford some level of review to dispositive legal issues raised by the report." Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987). The advisory committee notes to Rule 72(b) of the Federal Rules of Civil Procedure indicate that "[w]hen no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation." FED. R. CIV. P. 72(b), advisory committee notes; see also Henderson, 812 F.2d at 878-79 (stating that "the failure of a party to object to a magistrate's legal conclusions may result in the loss of the right to de novo review in the district court"); Tice v. Wilson, 425 F. Supp. 2d 676, 680 (W.D. Pa. 2006) (holding that the court's review is conducted under the "plain error" standard); Cruz v. Chater, 990 F. Supp. 375-78 (M.D. Pa. 1998) (holding that the court's review is limited to ascertaining whether there is "clear error on the face of the record"); Oldrati v. Apfel, 33 F. Supp. 2d 397, 399 (E.D. Pa. 1998) (holding that the court will review the report and recommendation for "clear error"). The court has reviewed the magistrate judge's report and recommendation in accordance with this Third Circuit directive.

1. The Report and Recommendation of Magistrate Judge Martin C. Carlson (Doc. 11) are ADOPTED.
2. The Petition for Writ of Habeas Corpus is STAYED AND HELD IN ABEYANCE pending completion of the state appeal of Petitioner's PCRA petition.
3. The parties are ordered to provide status reports every ninety (90) days on the progress of the state PCRA litigation.
4. The Clerk of Court is directed to CLOSE this matter for statistical purposes only.


Summaries of

Suarez v. Cameron

United States District Court, M.D. Pennsylvania
Aug 9, 2011
CIVIL ACTION NO. 1:11-CV-1087 (M.D. Pa. Aug. 9, 2011)

finding "good cause" to justify a stay and abeyance because "dismissal of Suarez's petition while he fully exhausts these state claims would ultimately cause him to run afoul of AEDPA's statute of limitations"

Summary of this case from Stoss v. Lane

finding "good cause" to justify a stay and abeyance because "dismissal of Suarez's petition while he fully exhausts these state claims would ultimately cause him to run afoul of AEDPA's statute of limitations'

Summary of this case from Ellington v. Overmyer
Case details for

Suarez v. Cameron

Case Details

Full title:MARCUS SUAREZ, Petitioner v. KENNETH CAMERON, et al., Respondent

Court:United States District Court, M.D. Pennsylvania

Date published: Aug 9, 2011

Citations

CIVIL ACTION NO. 1:11-CV-1087 (M.D. Pa. Aug. 9, 2011)

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