Opinion

BROWN v. BRITTAIN

Court
District Court, E.D. Pennsylvania
Filed
Jun 29, 2022
Cited by
0 cases
Authority
More cited than 28.9%

“It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”

How later courts described this case

  • “It does not appear that Congress intended to require district court review of a magistrate’s factual or legal conclusions, under a de novo or any other standard, when neither party objects to those findings.”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARTIN BROWN, : CIVIL ACTION

: NO. 22-1538

Petitioner, :

:

v. :

:

K. BRITTAIN, et al. :

:

Respondents. :

O R D E R

AND NOW, this 29th day of June, 2022, upon consideration

of Petitioner’s submissions, the record, and the Report and

Recommendation of United States Magistrate Lynne A. Sitarski (ECF

No. 7), there being no objections,1 it is hereby ORDERED that:

1. The Report and Recommendation (ECF No. 7) is

1 When neither party files timely objections to a

magistrate judge’s report and recommendation (“R&R”) on a

dispositive issue, the district court is not required to review

the R&R before adopting it. Thomas v. Arn, 474 U.S. 140, 150

(1985) (“It does not appear that Congress intended to require

district court review of a magistrate’s factual or legal

conclusions, under a de novo or any other standard, when neither

party objects to those findings.”). However, the Third Circuit has

held that “in the absence of objections . . . the better practice

is for the district judge 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); see also Fed R. Civ. P.

72, 1983 advisory committee notes (“When 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.”). In that neither party has filed objections to

the R&R, this Court has reviewed it for clear error and has found

none.

APPROVED and ADOPTED;

2. Plaintiff’s petition for habeas corpus filed

pursuant to 28 U.S.C. § 2254 is DISMISSED WITHOUT

PREJUDICE; and

3. There is no basis for the issuance of a certificate

of appealability.

AND IT IS SO ORDERED.

/s/ Eduardo C. Robreno

EDUARDO C. ROBRENO, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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