MCLAUGHLIN v. PENNSYLVANIA FIRST JUDICIAL DISTRICTION (PROBATION)

District Court, E.D. Pennsylvania

MCLAUGHLIN v. PENNSYLVANIA FIRST JUDICIAL DISTRICTION (PROBATION)

Trial Court Opinion

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

MICHAEL MCLAUGHLIN : CIVIL ACTION Petitioner, pro se : : NO. 20-1156 v. : : PENNSYLVANIA FIRST JUDICIAL : DISTRICT (PROBATION), et al. : Defendants :

O R D E R

AND NOW, this 19th day of April 2022, upon consideration of the petition for a writ of habeas corpus filed pursuant to

28 U.S.C. § 2254

by Petitioner Michael McLaughlin, proceeding pro se, [ECF 2], and Respondents’ response in opposition to the petition, [ECF 14], and after a careful review of the Report and Recommendation submitted by United States Magistrate Judge Elizabeth T. Hey, [ECF 15], to which no objections were filed,1 it is hereby ORDERED that: 1. The Report and Recommendation is APPROVED and ADOPTED. 2. The petition for a writ for habeas corpus is DISMISSED, as moot. 3. There is no basis for the issuance of a certificate of appealability. 4. The Clerk of Court is directed to mark this matter CLOSED.

BY THE COURT: /s/ Nitza I. Quiñones Alejandro NITZA I. QUIÑONES ALEJANDRO Judge, United States District Court

1 Petitioner was granted an extension to file objections, if any, by April 6, 2022. [ECF 17]. As of the date of this Order, Petitioner has not filed any objections, and the time to do so has expired. In the absence of any objections, the Report and Recommendation (“R&R”) is reviewed under the “plain error” standard. See Facyson v. Barnhart,

2003 WL 22436274

, at *2 (E.D. Pa. May 30, 2003). Under this plain error standard of review, an R&R should only be rejected if the magistrate judge commits an error that was “(1) clear or obvious, (2) affect[ed] ‘substantial rights,’ and (3) seriously affected the fairness, integrity or public reputation of judicial proceedings.” Leyva v. Williams,

504 F.3d 357, 363

(3d Cir. 2007) (internal quotations and citations omitted). Here, after a thorough, independent review of the record and the R&R, this Court finds no error was committed by the Magistrate Judge and, therefore, approves and adopts the R&R in its entirety.

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