DEEN-MITCHELL v. LAPPIN et al

Filing 200

ORDER ADOPTING REPORT 199 of Magistrate Judge Carlson, DISMISSING matter due to pltf's failure to pay filing fee, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/18/19. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WALLACE DEEN-MITCHELL,
Plaintiff
v.
HARLEY G. LAPPIN and
FEDERAL BUREAU OF PRISONS,
Defendants

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CIVIL ACTION NO. 1:11-CV-1902
(Chief Judge Conner)

ORDER
AND NOW, this 18th day of October, 2019, upon consideration of the
report (Doc. 199) of Magistrate Judge Martin C. Carlson, recommending that the
court dismiss the above-captioned matter for failure to pay the filing fee, and it
appearing that no party has not objected to the report, see FED. R. CIV. P. 72(b)(2),
and the court noting that failure of a party to timely object to a magistrate judge’s
conclusions “may result in forfeiture of de novo review at the district court level,”
Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812
F.2d 874, 878-79 (3d Cir. 1987)), but that, as a matter of good practice, a district court
should afford “reasoned consideration” to the uncontested portions of the report,
E.E.O.C. v. City of Long Branch, 866 F.3d 93, 100 (3d Cir. 2017) (quoting Henderson,
812 F.2d at 879), in order to “satisfy itself that there is no clear error on the face of
the record,” FED. R. CIV. P. 72(b), advisory committee notes, and, following an
independent review of the record, the court being in agreement with Judge

Carlson’s recommendation, and concluding that there is no clear error on the face
of the record, it is hereby ORDERED that:
1.

The report (Doc. 199) of Magistrate Judge Carlson is ADOPTED.

2.

The above-captioned matter is DISMISSED due to plaintiff’s failure
to pay the filing fee.

3.

The Clerk of Court shall CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania