Hockenberry v. PA Parole & Probation Commissioners Office et al

Filing 14

ORDER ADOPTING REPORT 13 of Magistrate Judge Saporito, DISMISSING pltf's complaint 1 & (1-2), directing Clrk of Ct to CLOSE case, & noting any appeal from this order deemed to be frivolous & not taken in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/4/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JASON HOCKENBERRY,
Plaintiff
v.
PA. PAROLE & PROBATION, et al.,
Defendants

:
:
:
:
:
:
:
:
:

CIVIL ACTION NO. 1:15-CV-1589
(Chief Judge Conner)

ORDER
AND NOW, this 4th day of January, 2016, upon consideration of the report
(Doc. 13) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court
dismiss plaintiff’s pro se civil rights complaint (Doc. 1) for failure to state a viable
claim pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) and 28 U.S.C. § 1915A(b)(1), (Doc. 13
at 6-11), and further recommending that dismissal be without leave to amend in
light of the incurable deficiencies in plaintiff’s pleading, (id. at 11), 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
Saporito’s recommended disposition and concluding that there is no clear error on
the face of the record, it is hereby ORDERED that:
1.

The report (Doc. 13) of Magistrate Judge Saporito is ADOPTED.

2.

Plaintiff’s complaint (Docs. 1, 1-2) is DISMISSED.

3.

The Clerk of Court is directed to CLOSE this case.

4.

Any appeal from this order is deemed to be frivolous and not taken in
good faith. See 28 U.S.C. § 1915(a)(3).

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