Opinions and documents
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF PENNSYLVANIA
____________________________________
KEVIN WILLOCK, :
Petitioner, :
:
v. : No. 2:25-cv-6158
:
JOHN RIVELLO, et al., :
Respondents. :
____________________________________
O R D E R
AND NOW, this 22nd day of June, 2026, upon consideration of the Petition for Writ of
Habeas Corpus pursuant to 28 U.S.C. § 2254, ECF No. 1; the Amended Petition for Writ of
Habeas Corpus, ECF No. 5; the Response in Opposition to the Petition, ECF No. 9; the Report
and Recommendation (“R&R”) issued by Magistrate Judge Scott W. Reid on April 27, 2026,
ECF No. 10; and in the absence of objections;1 IT IS HEREBY ORDERED THAT:
1. The Report and Recommendation, ECF No. 10, is APPROVED and
ADOPTED.
1 When neither party objects to a magistrate judge’s report and recommendation, the
district court is not statutorily required to review the report, under de novo or any other standard.
28 U.S.C. § 636(b)(1)(C); Thomas v. Arn, 474 U.S. 140, 152 (1985). Nevertheless, the United
States Court of Appeals for the Third Circuit has held that it is better practice to afford some
level of review to dispositive legal issues raised by the report. Henderson v. Carlson, 812 F.2d
874, 878 (3d Cir. 1987), writ denied 484 U.S. 837 (1987). “When no objections are filed, the
district court need only review the record for plain error or manifest injustice.” Harper v.
Sullivan, No. 89-4272, 1991 WL 24908, at *1 n.3 (E.D. Pa. Feb. 25, 1991). See also Hill v.
Barnacle, 655 F. App’x 142, 148 (3d Cir. 2016) (holding that even when objections are filed,
district courts “are not required to make any separate findings or conclusions when reviewing a
Magistrate Judge’s recommendation de novo under 28 U.S.C. § 636(b)”); Oldrati v. Apfel, 33 F.
Supp. 2d 397, 399 (E.D. Pa. 1998) (explaining that in the absence of a timely objection, the court
should review the magistrate judge’s report and recommendation for clear error). The district
court may accept, reject, or modify, in whole or in part, the findings or recommendations made
by the magistrate judge. 28 U.S.C. § 636(b)(1)(C).
2. The Petition for Writ of Habeas Corpus, see ECF Nos. 1, 5, is DISMISSED as
untimely for the reasons set forth in the R&R.
3. For the reasons set forth in the R&R, there is no basis for the issuance of a
certificate of appealability.2
4. The Clerk of Court shall CLOSE this case.
BY THE COURT:
/s/ Joseph F. Leeson, Jr.__________
JOSEPH F. LEESON, JR.
United States District Judge
2 See Slack v. McDaniel, 529 U.S. 473, 484 (2000) (“When the district court denies a
habeas petition on procedural grounds without reaching the prisoner’s underlying constitutional
claim, a COA [certificate of appealability] should issue when the prisoner shows, at least, that
jurists of reason would find it debatable whether the petition states a valid claim of the denial of
a constitutional right and that jurists of reason would find it debatable whether the district court
was correct in its procedural ruling.”)
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