GONEY v. CLARK

No. 83-5861.

749 F.2d 5 (1984)

Alvin E. GONEY, Appellant, v. James E. CLARK, Jr., Warden, Fayette County Jail.

United States Court of Appeals, Third Circuit.

Decided December 6, 1984.


Attorney(s) appearing for the Case

James D. Crawford, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

Phillip T. Warman, County Sol., Fayette County, Uniontown, Pa., for appellee.

Before ALDISERT, Chief Judge, HUNTER and WEIS, Circuit Judges.


Submitted Under Third Circuit Rule 12(6) October 1, 1984.

OPINION OF THE COURT

PER CURIAM.

The major issue in this appeal brought by a prisoner in a civil rights action against a warden is whether, pursuant to 28 U.S.C. § 636(b)(1), the district court should have engaged in a de novo review of the magistrate's report by reading a transcript or listening to a tape recording of the entire hearing before the magistrate. Section 636(b)(1...

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