GOSPIDON v. TRATE

Opinion

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

GANGSTA’ KO-LOFF BISHOP GOSPIDIAN _) Petitioner, ) v. ) Case No. 1:20-CV-120 BRADLEY TRATE, Respondent.

MEMORANDUM ORDER This action was received by the Clerk of Court on May 19, 2020. The matter was referred to United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges. Petitioner argues that he is actually innocent of being a felon in possession of a firearm based on the United States Supreme Court decision in Rehaif'v. United States, U.S. __, 1339 S.Ct. 2191 (2019). The Court stayed this case while the government appealed the outcome in a similar case in United States v. Nasir, 982 F.3d 144 (3d Cir. 2020). Meanwhile, the United States Supreme Court issued a decision in Greer v. United States, _U.S.__, 141 S.Ct. 2090 (2021) and vacated the decision in Nasir. Thereafter, Judge Lanzillo lifted the stay in this case and allowed the filing of an amended petition for writ of habeas corpus. On September 6, 2022, Magistrate Judge Lanzillo issued a Report and Recommendation recommending that the petition be dismissed. Despite being given adequate time to do so (even after a motion for the appointment of counsel was denied), Petitioner did not file any Objections to the Report and Recommendation.

“Tf 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.’” EEOC v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017) quoting 28 U.S.C. § 636(b)(1). 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. 28 U.S.C. § 636(b)(1); Local Rule 72(D)(2). After de novo review of the amended petition and response, together with the report and recommendation, the following order is entered:

AND NOW, this 21st day of December 2022; IT IS ORDERED that the petition for writ of habeas corpus be dismissed with prejudice. AND, IT IS FURTHER ORDERED that the report and recommendation of Magistrate Judge Lanzillo, issued on September 6, 2022 [ECF No. 26] is adopted as the opinion of the court. The Clerk of Court is directed to mark this case “CLOSED.“

/s/ Susan Paradise Baxter SUSAN PARADISE BAXTER United States District Judge