Voneida v. Stoehr et al

Filing 39

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Smyser 36 , DISMISSING pltf's complaint 1 for failure to properly serve remaining defts, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 10/21/11. (ki)

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

KENNETH L. VONEIDA,
Plaintiff
v.
KEVIN STOEHR, et al.,
Defendants

:
:
:
:
:
:
:

CIVIL ACTION NO. 1:10-CV-2572
(Judge Conner)

ORDER
AND NOW, this 21st day of October, 2011, upon consideration of the Report and
Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 36),
recommending that the complaint (Doc. 1) be dismissed, and, following an independent
review of the record and noting that plaintiff filed objections1 to the report on October 11,
2011 (Doc. 38), and the court finding Judge Smyser’s analysis to be thorough and wellreasoned, and the court finding plaintiff’s objections to be without merit and squarely
addressed by Judge Smyser’s report (Doc. 36), it is hereby ORDERED that:

1

Where objections to a magistrate judge’s report and recommendation are
filed, the court must perform a de novo review of the contested portions of the
report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3
(M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir.
1989); 28 U.S.C. § 636(b)(1)(c)). “In this regard, Local Rule of Court 72.3 requires
‘written objections which . . . specifically identify the portions of the proposed
findings, recommendations or report to which objection is made and the basis for
those objections.’” Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL
4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

1.

The Report and Recommendation of Magistrate Judge Smyser (Doc. 36) are
ADOPTED.

2.

Plaintiff’s complaint (Doc. 1) is DISMISSED for failure to properly serve the
remaining defendants.

3.

The Clerk of Court is directed to CLOSE this case.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge