ROSCOE v. WATCO COMPANIES, LLC et al

Filing 74

ORDER THAT REPORT & RECOMMENDATION IS APPROVED & ADOPTED. THE MATTER IS HEREBY REOPENDED SOLELY FOR THE PURPOSE OF RULING ON PLFF'S LETTER REQUEST REGARDING SETTLEMENT. PLFFS LETTER REQUEST REGARDING SETTLEMENT IS DENIED, ETC. THE CLERK OF COURT SHALL CLOSE THIS CASE FOR STATISTICAL AND ALL OTHER PURPOSES. SIGNED BY HONORABLE C. DARNELL JONES, II ON 5/20/19. 5/21/19 ENTERED AND COPIES E-MAILED AND MAILED TO PRO SE PLFF.(kw, )

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

DENNIS ROSCOE,
Plaintiff,

FILED

CIVIL ACTION
NO.lS-2118

v.

WATCO COMPANIES, LLC, et al.,
Defendants.

MAY 2 0 2019
KATE BARKMAN, Cferk

BY,

Dep. Clerk

ORDER
AND NOW, this 201h day of May, 2019, upon consideration of ProSe Plaintiffs Letter

Request Regarding Settlement dated July 25,2018 (ECF No. 61) and the Report and
Recommendation of the Honorable Lynne A. Sitarksi, lJnited States Magistrate Judge, (ECF

No. 70), to which no objections were filed in accordance with Local Rule 72. I IV, it is hereby
ORDERED as follows:

1. The Report and Recommendation is APPROVED and ADOPTED 1.
2. The matter is hereby reopened solely for the purpose of ruling on Plaintiffs Letter
Request Regarding Settlement.
3. Plaintiffs Letter Request Regarding Settlement is DENIED.
4. Consistent with this Court's Order dated December I I, 2017 (ECF No. 53), this
matter remains dismissed pursuant to Local Rule 41. I because the parties reached
an agreement resolving this case on December 4, 2017.

1

As Plaintiff did not file any objections or response to the Report and Recommendation (the
"R&R"), the Court reviewed the record under the "plain error'' standard. Facyson v. Barnhart,
2003 WL 22436274, at *2 (E.D. Pa. May 30, 2003). Under this standard of review, a court
should only reject a magistrate judge's report and recommendation where there is an error that
"(l) is clear and obvious, (2) affect[ed] 'substantial rights,' and (3) seriously affected the
fairness, integrity or public reputation of judicial proceedings." Leyva v. Wzlliams, 504 F.3d 357,
363 (3d Cir. 2007) (internal quotations and citations omitted). After liberally construing
Plaintiffs prose filing, see Higgs v. Att'y Gen., 655 F.3d 333,339 (3d Cir. 201 I), and
conducting an independent review of the record the Court finds no such error and, therefore,
approves and adopts the R&R in its entirety.

w

The Clerk of Court shall CLOSE this case for statistical and all other purposes.