Cole v. Commonwealth of Pennsylvania Dauphin County et al

Filing 10

ORDER ADOPTING REPORT 9 of Magistrate Judge Mehalchik & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/29/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
CORNELL COLE,
Plaintiff
v.
COMMONWEALTH OF
PENNSYLVANIA DAUPHIN
COUNTY, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-956
(Chief Judge Conner)

ORDER
AND NOW, this 29th day of December, 2015, upon consideration of the report
(Doc. 9) of Magistrate Judge Karoline Mehalchick, recommending the court close
this case for plaintiff’s failure to file a timely amended pleading, and it appearing
that plaintiff 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 Intern., 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 being in agreement with Judge
Mehalchick’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. 9) of Magistrate Judge Mehalchick is ADOPTED.

2.

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