Opinion
Civil Action 05-998
01-25-2022
STEVEN WAYNE BENDER, Petitioner, v. JAMES WYNDER, et al., Respondents.
LISA PUPO LENIHAN, CHIEF MAGISTRATE JUDGE.
MEMORANDUM OPINION AND ORDER
DONETTA W. AMBROSE, SENIOR U.S. DISTRICT JUDGE.
This case is before the Court on Petitioner's Motion fr Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b) (ECF No. 92). The magistrate judge issued a Report and Recommendation on January 7, 2022, recommending that the Rule 60(b) Motion be denied. (ECF No. 93). The parties were served with the Report and Recommendation and informed that they had until January 24, 2022, to file written objections. Neither party filed any objections. For portions of a Report and Recommendation to which no objection is made, the Court should “satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.” Hoye v. Att'y Gen. of Pa., No. 2:20-cv-1049, 2020 WL 6515916, at *1 n.1 (W.D. Pa. November 5, 2020). Upon review of the record of this matter, and the Report and Recommendation, the following order is entered:
AND NOW this 25th day of January, 2022, IT IS HEREBY ORDERED that Petitioner's Motion fr Relief from Judgment pursuant to Federal Rule of Civil Procedure 60(b) (ECF No. 92) is DENIED.
IT IS FURTHER ORDERED that a certificate of appealability is DENIED. IT IS FURTHER ORDERED that the Report ad Recommendation dated January, 7, 2022 (ECF No. 93), is ADOPTED as the Opinion of this Court.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Petitioner has thirty (30) days to file a notice of appeal as provided by
Rule 3 of the Federal Rules of Appellate Procedure.