Opinion

Hansen v. Clark

Court
District Court, M.D. Pennsylvania
Filed
Aug 12, 2019
Cited by
0 cases
Authority
More cited than 29.0%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

PAUL NELSON HANSEN, No. 4:16-CV-02223

Petitioner, (Judge Brann)

v. (Magistrate Judge Carlson)

MICHAEL CLARK,

PA ATTORNEY GENERAL,

Respondents.

ORDER

AUGUST 12, 2019

Petitioner filed the instant petition for writ of habeas corpus on November 3,

2016, and it was jointly assigned to the undersigned and to a magistrate judge.

Upon designation, a magistrate judge may “conduct hearings, including evidentiary

hearings, and . . . submit to a judge of the court proposed findings of fact and

recommendations.”1 Once filed, this report and recommendation is disseminated

to the parties in the case who then have the opportunity to file written objections.2

On July 15, 2019, Magistrate Judge Martin C. Carlson to whom this matter

is jointly assigned, issued a thorough and well-written report and recommendation

1 28 U.S.C. 636(b)(1)(B).

2 28 U.S.C. 636(b)(1).

recommending that the petition be dismissed and no certificate of appealability

issue.

Petitioner filed objections to the report and recommendation on August 2,

2019. When objections are timely filed, the District Court must conduct a de novo

review of those portions of the report to which objections are made.3 Although the

standard of review for objections is de novo, the extent of review lies within the

discretion of the District Court, and the Court may otherwise rely on the

recommendations of the magistrate judge to the extent that it deems proper.4 For

portions of the report and recommendation to which no objection is made, the

Court should, as a matter of good practice, “satisfy itself that there is no clear error

on the face of the record in order to accept the recommendation.”5 Regardless of

whether timely objections are made by a party, the District Court may accept, not

accept, or modify, in whole or in part, the findings or recommendations made by

the magistrate judge.6

3 28 U.S.C. § 636(b)(1); Brown v. Astrue, 649 F.3d 193, 195 (3d Cir.2011).

4 Rieder v. Apfel, 115 F.Supp.2d 496, 499 (M.D.Pa. 2000) (citing United States v. Raddatz, 447

U.S. 667, 676 (1980)).

5 Fed.R.Civ.P. 72(b), advisory committee notes; see also Univac Dental Co. v. Dentsply Intern.,

Inc., 702 F.Supp.2d 465, 469 (M.D.Pa.2010) (citing Henderson v. Carlson, 812 F.2d 874, 878

(3d Cir.1987) (explaining that judges should give some review to every report and

recommendation)).

6 28 U.S.C. § 636(b)(1); Local Rule 72.31.

Because I write solely for the parties, I will not restate the facts, but will

instead adopt the recitation of facts as set forth by the magistrate judge. I have

conducted a de novo review here and found no error. Although the Petitioner has

advanced cogent arguments, they are legally unavailing. The recommendation of

the magistrate judge was correct, and will be adopted.

AND NOW, IT IS HEREBY ORDERED that:

1. Magistrate Judge Martin C. Carlson’s July 15, 2019 Report and

Recommendation, ECF No. 48, is ADOPTED in full.

2. Petitioner Paul Nelson Hansen’s Petition for Writ of Habeas Corpus,

November 3, 2016, ECF No. 1, is DISMISSED.

3. Petitioner’s pending motions to appoint counsel, ECF Nos. 51 and 53,

are DENIED.

4. No certificate of appealability shall issue.

5. The Clerk of Court is directed to close this case.

BY THE COURT:

s/ Matthew W. Brann

Matthew W. Brann

United States District Judge

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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