Bond v. PNC Bank et al

Filing 16

ORDER ADOPTING REPORT 12 of Magistrate Judge Saporito, DISMISSING complaint w/out prejudice, denying pltf's motion for ext of time 15 as MOOT, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 12/1/16. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PAMELA BOND,
Plaintiff
v.
PNC BANK and PAUL GRISSO,
Defendants

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CIVIL ACTION NO. 1:16-CV-318
(Chief Judge Conner)

ORDER
AND NOW, this 1st day of December, 2016, upon consideration of the report
(Doc. 12) of Magistrate Judge Joseph F. Saporito, Jr., recommending that the court
dismiss the complaint (Doc. 1) of pro se plaintiff Pamela Bond (“Bond”) for failure to
prosecute pursuant to Federal Rule of Civil Procedure 41(b) and for lack of subject
matter jurisdiction, (see Doc. 12 at 2-12), wherein Judge Saporito observes that the
court ordered Bond to show cause on or before June 28, 2016 why this matter should
not be dismissed for lack of subject matter jurisdiction, to wit: a failure of diversity
jurisdiction and no apparent basis for federal question jurisdiction, (see Docs. 6, 10),
and further upon consideration of Bond’s late-filed objections (Doc. 14) to the report,
and her request (Doc. 15) for additional time to file “a supporting brief for the case,”
neither of which acknowledge or answer the show cause directive issued by Judge
Saporito, and, following a de novo review of the contested portions of the report, see
Behar v. Pa. Dep’t of Transp., 791 F. Supp. 2d 383, 389 (M.D. Pa. 2011) (citing 28
U.S.C. § 636(b)(1)(C); Sample v. Diecks, 885 F.2d 1099, 1106 n.3 (3d Cir. 1989)), and
applying a clear error standard of review to the uncontested portions, see Cruz v.

Chater, 990 F. Supp. 375, 376-78 (M.D. Pa. 1999), the court finding Judge Saporito’s
analysis to be thorough, well-reasoned, and fully supported by the record before the
court, and finding Bond’s cursory objections to be without merit, it is hereby
ORDERED that:
1.

The report (Doc. 12) of Magistrate Judge Joseph F. Saporito, Jr., is
ADOPTED.

2.

Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice.

3.

Plaintiff’s motion (Doc. 15) for extension of time is DENIED as moot.

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