Opinion
Civil Action 22-0804
08-15-2022
COREY BEITLER Petitioner, pro se v. KYLE RUSSELL, et al. Respondents
ORDER
NITZA I. QUINONES ALEJANDRO, Judge, United States District Court
AND NOW, this 15th day of August 2022, upon consideration of pro se Petitioner Corey Beitler's (“Petitioner”) petition for writ of habeas corpus, [ECF 1], and after a careful and independent review of the Report and Recommendation issued by United States Magistrate Judge Scott W. Reid, [ECF 11], to which no objections were filed, is hereby ORDERED that:
1. The Report and Recommendation is APPROVED and ADOPTED;
2. The petition for a writ of habeas corpus is DISMISSED, without prejudice;
3. There is no basis for the issuance of a certificate of appealability; and
4. The Clerk of Court shall mark this matter CLOSED.
On July 21, 2022, Magistrate Judge Reid filed the Report and Recommendation (“R&R”), recommending that Petitioner's claims be dismissed, without prejudice, for failure to exhaust state remedies. [ECF 11]. Notably, Petitioner is currently awaiting trial on a charge of receiving stolen property and filed this habeas petition while in pretrial detention. As of the date of this Order, Petitioner has not filed any objections to the R&R, and the time to do so has expired. In the absence of any objections, a magistrate judge's report and recommendation is reviewed 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, a district court should only reject a report and recommendation if the magistrate judge committed 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, independent review of the record and the R&R, this Court finds no error was committed by the Magistrate Judge and, therefore, approves and adopts the R&R in its entirety.
BY THE COURT: