Escalera v. Harry et al

Filing 102

ORDER & JUDGMENT ADOPTING REPORT 101 of Chief Magistrate Judge Schwab, GRANTING defts' MSJ 87 , JUDGMENT ENTERED in favor of defts & against Escalara as to all claims raised in Escalera's amended complaint, & directing Clrk of Ct to CLOSE case. (See order & jdgmt for complete details.) Signed by Chief Judge Christopher C. Conner on 7/14/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DOMINIC ESCALERA,
Plaintiff
v.
WARDEN LAUREL HARRY, et al.,
Defendants

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CIVIL ACTION NO. 1:15-CV-2132
(Chief Judge Conner)

ORDER & JUDGMENT
AND NOW, this 14th day of July, 2017, upon consideration of the report
(Doc. 101) of Chief Magistrate Judge Susan E. Schwab, recommending the court
grant defendants’ unopposed motion (Doc. 87) for summary judgment, wherein
Judge Schwab opines that plaintiff Dominic Escalera (“Escalera”) failed to exhaust
administrative remedies, (see Doc. 101 at 23-24), and it appearing that Escalera did
not respond to defendants’ motion for summary judgment even after the court
ordered him to do so, (see Doc. 100), and it also appearing that Escalera has not
objected 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. 101) of Chief Magistrate Judge Schwab is ADOPTED.

2.

Defendants’ unopposed motion (Doc. 87) for summary judgment is
GRANTED.

3.

Judgment is ENTERED in favor of defendants and against Escalera as
to all claims raised in Escalera’s amended complaint.

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