SEWELL et al v. DUBS et al

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Blewitt 7 , DISMISSING plaintiffs' case without prejudice, & directing Clrk of Ct to CLOSE case. (See order for complete details.)Signed by Honorable Christopher C. Conner on 7/10/13. (ki)

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

GREGORY LEE SEWELL, et al.,
Plaintiffs
v.
DWAYNE DUBS, et al.,
Defendants

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CIVIL ACTION NO. 1:13-CV-1212
(Judge Conner)

ORDER
AND NOW, this 10th day of July, 2013, upon consideration of the Report and
Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 7),
recommending that the Plaintiffs’ case be dismissed without prejudice, and, following an
independent review of the record and noting that petitioner filed objections1 to the
report on June19, 2013 (Doc. 8), and the court finding Magistrate Judge Blewitt’s analysis
to be thorough and well-reasoned, and the court finding plaintiffs’ objections to be
without merit and squarely addressed by Magistrate Judge Blewitt’s report, 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 Blewitt (Doc. 7) are
ADOPTED.

2.

Plaintiffs’ case is DISMISSED without prejudice.

3.

The Clerk of Court is directed to CLOSE this case.

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