De Almeida v. Doll
De Almeida v. Doll
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRUNO RIBEIRO DE ALMEIDA, No. 3:21-CV-00347
Petitioner, (Judge Brann)
v. (Chief Magistrate Judge Mehalchick)
CLAIR DOLL, et al.,
Respondents.
ORDER MAY 13, 2021 Bruno Ribeiro De Almeida, a detainee of the United States Department of Homeland Security, Immigration and Customs Enforcement, filed this
28 U.S.C. § 2241petition seeking his release from federal custody.1 In March 2021, De Almeida submitted a notice of voluntary dismissal and, based upon that notice, on March 16, 2021, Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that the § 2241 petition be deemed withdrawn.2 No timely objections have been filed to this Report and Recommendation. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Regardless of whether timely
1 Doc. 1. 2 Docs. 5, 6. 3 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 objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.4 After
reviewing the record, the Court finds no error in Chief Magistrate Judge Mehalchick’s recommendation that the § 2241 petition be deemed withdrawn. Accordingly, IT IS HEREBY ORDERED that:
1. Chief Magistrate Judge Karoline Mehalchick’s Report and Recommendation (Doc. 6) is ADOPTED; 2. De Almeida’s
28 U.S.C. § 2241petition (Doc. 1) is deemed withdrawn and is DISMISSED without prejudice; and
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
4
28 U.S.C. § 636(b)(1); Local Rule 72.31.
Reference
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