Williams v. PA Department of Corrections et al

Filing 77

ORDER: 1. The R and R 76 of MJ Schwab is ADOPTED.2. The mtn to dismiss the amended complaint 66 is GRANTED.3. The amended complaint 65 is DISMISSED in its entirety.4. The Clerk of Court is directed to close this case.5. A certificate of appealability shall not issue as any appeal taken from thisorder is deemed both frivolous and not in good faithSigned by Honorable Sylvia H. Rambo on 6/6/19. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
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Plaintiff,
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v.
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PA DEPARTMENT OF
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CORRECTIONS, et al.,
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Defendants. :
KEVIN WILLIAMS,

Civil No. 1:15-cv-0975

Judge Sylvia H. Rambo

ORDER
Before the court is a Report and Recommendation of the magistrate judge
(Doc. 76) in which she recommends that the court dismiss Williams’s amended
complaint both because it is essentially identical to Williams’s original complaint
and because it suffers from the same defects that caused the court to dismiss the
original complaint. To date, no objections have been filed.
In considering whether to adopt a report and recommendation when no
objections have been filed, the court should, as a matter of good practice, “satisfy
itself that there is no clear error on the face of the record in order to accept the
recommendation.” Fed. R. Civ. P. 72(b), advisory committee notes; see also Univac
Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)
(explaining that judges should review dispositive legal issues raised by the report for
clear error). Following an independent review of the record, the court is satisfied
that the report and recommendation contains no clear error, and will therefore adopt

the recommendation to dismiss the amended complaint and close the case.
Accordingly, IT IS HEREBY ORDERED as follows:
1. The Report and Recommendation (Doc. 76) is ADOPTED.
2. The motion to dismiss the amended complaint (Doc. 66) is GRANTED.
3. The amended complaint (Doc. 65) is DISMISSED in its entirety.
4. The Clerk of Court is directed to close this case.
5. A certificate of appealability shall not issue as any appeal taken from this
order is deemed both frivolous and not in good faith.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge

Dated: June 6, 2019