Gerber v. Pennsylvania Department of Corrections et al

Filing 39

ORDER & JUDGMENT adopting report 38 of Magistrate Judge Schwab, granting deft's MSJ 30 , ENTERING JUDGMENT (summary) in favor of deft William Campbell & against pltf Richard Gerber, & directing Clrk of Ct to CLOSE case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 6/6/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
RICHARD GERBER,
Plaintiff
v.
WARDEN WILLIAM CAMPBELL,
et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-674
(Chief Judge Conner)

ORDER AND JUDGMENT
AND NOW, this 6th day of June, 2016, upon consideration of the report
(Doc. 38) of Magistrate Judge Susan E. Schwab, recommending the court grant the
motion (Doc. 30) for summary judgment by defendant Warden William Campbell
(“Campbell”), wherein Judge Schwab opines that pro se plaintiff Richard Gerber
(“Gerber”) has failed to demonstrate genuine disputes of material fact in response
to Campbell’s motion, and that the undisputed Rule 56 record does not support
Gerber’s claim of retaliation in violation of the First Amendment pursuant to 42
U.S.C. § 1983, and it appearing that Gerber did not object 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 some level of review to dispositive legal
issues raised by the report,” Henderson, 812 F.2d at 878; see also Taylor v. Comm’r

of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015) (citing Univac Dental Co. v.
Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)), 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 in agreement with Judge Schwab’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. 38) of Magistrate Judge Schwab is ADOPTED.

2.

The motion (Doc. 30) for summary judgment by defendant Warden
William Campbell (“Campbell”) is GRANTED.

3.

Judgment is ENTERED in favor of Campbell and against plaintiff
Richard Gerber.

4.

The Clerk of Court is directed to CLOSE this case.

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