Ellakkany v. The Common Pleas Court of Montgomery County et al

Filing 58

ORDER ADOPTING REPORT 56 of Magistrate Judge Schwab, construing Ellkkany's correspondence 54 & 55 as notices of voluntary dismissal.., DISMISSING complaint 1 , denying defts' pending MTDs 16 & 29 as MOOT & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 9/7/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MOURAD ELLAKKANY,
Plaintiff
v.
THE COMMON PLEAS COURT OF
MONTGOMERY COUNTY, et al.,
Defendants

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CIVIL ACTION NO. 1:14-CV-983
(Chief Judge Conner)

ORDER
AND NOW, this 7th day of September, 2016, upon consideration of the
report (Doc. 56) of Magistrate Judge Susan E. Schwab, recommending the court
construe the correspondence (Docs. 54-55) filed by pro se plaintiff Mourad Ellakkany
(“Ellakkany”), advising the court of his desire to withdraw his complaint, as notices
of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i),
FED. R. CIV. P. 41(a)(1)(A)(i), and it appearing that neither party objects to the
report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure 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. 56) of Magistrate Judge Schwab is ADOPTED.

2.

Ellakkany’s correspondence (Doc. 54-55) are CONSTRUED as notices
of voluntary dismissal pursuant to Federal Rule of Civil Procedure
41(a)(1)(A)(i).

3.

Ellakkany’s complaint (Doc. 1) is DISMISSED.

4.

Defendants’ pending motions (Docs. 16, 29) to dismiss are DENIED as
moot.

5.

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