Wheeler v. Bradley

District Court, M.D. Pennsylvania

Wheeler v. Bradley

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

ERIC WHEELER, No. 4:19-CV-01445

Petitioner, (Judge Brann)

v.

WARDEN USP CANAAN,

Respondent.

ORDER JULY 28, 2020 Petitioner Eric Wheeler filed a petition for a writ of habeas corpus under

28 U.S.C. § 2241

regarding the loss of good time credit pursuant to prison disciplinary proceedings.1 On April 27, 2020, Magistrate Judge William I. Arbuckle issued a Report and Recommendation recommending the denial of the petition. No timely objections were filed. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.2 Regardless of whether timely objections are made, district courts may accept, reject, or modify— in whole or in part—the findings or recommendations made by the magistrate judge.3 Upon review of the record, the Court finds no clear error in Magistrate Judge Arbuckle’s conclusion that the petition should be denied. Consequently, IT IS HEREBY ORDERED that: 1. The Report and Recommendation (Doc. 8) is ADOPTED.

1 See Petition for a writ of habeas corpus (ECF No. 1). 2 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). 3

28 U.S.C. § 636

(b)(1); Local Rule 72.31. 2. Petitioner Eric Wheeler’s Petition for a writ of habeas corpus (Doc. 1) is DENIED. 3. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann United States District Judge

Reference

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