Opinion

Nottingham v. PA Attorney General

Court
District Court, M.D. Pennsylvania
Filed
Aug 31, 2020
Cited by
0 cases
Authority
More cited than 29.1%

noting that “district courts [must] review . . . objections de novo unless the objection is not timely or not specific” (internal quotation marks omitted)

How later courts described this case

  • noting that “district courts [must] review . . . objections de novo unless the objection is not timely or not specific” (internal quotation marks omitted)
  • explaining that court should in some manner review recommendations regardless of whether objections were filed

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JAMES E. NOTTINGHAM, No. 4:18-CV-02002

Petitioner, (Judge Brann)

v. (Magistrate Judge Mehalchick)

PA ATTORNEY GENERAL,

Respondent.

ORDER

AUGUST 31, 2020

James E. Nottingham, a Pennsylvania state prisoner, filed this 28 U.S.C.

§ 2254 petition seeking to vacate his convictions and sentences.1 In June 2020,

Magistrate Judge Karoline Mehalchick issued a Report and Recommendation

recommending that this Court deny Nottingham’s petition on the ground that he

failed to exhaust his state court remedies.2 Magistrate Judge Mehalchick further

recommends denying as moot Nottingham’s remaining motions pending at that

time.3 Nottingham filed timely objections to the Report and Recommendation.4

1 Doc. 1.

2 Doc. 108.

3 Id.

Where no objection is made to a report and recommendation, this Court will

review the recommendation only for clear error.5 Conversely, “[i]f a party objects

timely to a magistrate judge’s report and recommendation, the district court must

‘make a de novo determination of those portions of the report or specified proposed

findings or recommendations to which objection is made.’”6 Regardless of whether

timely objections are made, district courts may accept, reject, or modify—in whole

or in part—the magistrate judge’s findings or recommendations.7

Nottingham’s objections are non-specific, and he does not challenge the basis

of Magistrate Judge Mehalchick’s recommendation—that the petition be denied

because Nottingham failed to exhaust his state court remedies.8 Magistrate Judge

Mehalchick’s recommendations are therefore properly reviewed only for clear

error.9 Nevertheless, even reviewing the recommendations de novo, the Court finds

no error in Magistrate Judge Mehalchick’s conclusions that Nottingham failed to

exhaust his administrative remedies as to any of the claims raised in his § 2254

5 Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878

(3d Cir. 1987) (explaining that court should in some manner review recommendations

regardless of whether objections were filed).

6 Equal Emp’t Opportunity Comm’n v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017)

(quoting 28 U.S.C. § 636(b)(1)).

7 28 U.S.C. § 636(b)(1); Local Rule 72.31.

8 See Doc. 110.

9 See Brown v. Astrue, 649 F.3d 193, 195 (3d Cir. 2011) (noting that “district courts [must]

review . . . objections de novo unless the objection is not timely or not specific” (internal

quotation marks omitted)).

petition and that his remaining motions are moot. Consequently, IT IS HEREBY

ORDERED that:

1. Magistrate Judge Karoline Mehalchick’s Report and Recommendation

(Doc. 108) is ADOPTED;

2. Nottingham’s 28 U.S.C. § 2254 petition is DENIED;

3. The Court declines to issue a certificate of appealability;10

4. Nottingham’s motions for summary judgment (Doc. 76), for production

of forensic DNA testing (Doc. 78), for default judgment (Doc. 80), for

service of subpoenas (Doc. 89), to compel (Doc. 105), for summary

judgment (Doc. 106), to amend/correct (Doc. 111), for summary

judgment (Doc. 112), for summary judgment (Doc. 114), challenging

the service of legal documents (Doc. 115), and for release (Doc. 116),

are DENIED as moot; and

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

10 See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (setting forth legal standard).

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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