Grier v. Elicker

Filing 15

ORDER ADOPTING REPORT 14 of Magistrate Judge Mehalchick, GRANTING deft's MTD 9 complaint, DISMISSING complaint 1 , & directing Clrk of Ct to CLOSE action. (See order 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
BOBBY GRIER,
Plaintiff
v.
ROBERT ELICKER, II,
Defendant

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CIVIL ACTION NO. 1:16-CV-1733
(Chief Judge Conner)

ORDER
AND NOW, this 14th day of July, 2017, upon consideration of the report
(Doc. 14) of Magistrate Judge Karoline Mehalchick, recommending that the court
grant the unopposed motion (Doc. 9) to dismiss filed by defendant Robert Elicker, II
(“Elicker”), and dismiss the pro se complaint (Doc. 1) filed by plaintiff Bobby Grier
(“Grier”) for failure to state a claim and want of jurisdiction without leave to amend,
(see Doc. 9), and it appearing that Grier did not respond to the motion to dismiss
even after the court admonished that his failure to do so would result in the court
deeming said motion unopposed, (see Doc. 13), and it also appearing that Grier has
not objected 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 t 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 independent
review of the record, the court being in full 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. 14) of Magistrate Judge Mehalchick is ADOPTED.

2.

Elicker’s unopposed motion (Doc. 9) to dismiss Grier’s complaint (Doc.
1) is GRANTED.

3.

Grier’s complaint (Doc. 1) is DISMISSED.

4.

The Clerk of Court is directed to CLOSE the above-captioned action.

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