Caine v. Brennan et al

Filing 10

ORDER ADOPTING REPORT 9 of Chief Magistrate Judge Carlson, DISMISSING complaint 1 & amended complaint 7 with prejudice, directing Clrk of Ct to CLOSE case, & noting any appeal from this order is deemed to be frivolous & not taken in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/13/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
LEON CAINE,
Plaintiff
v.
ELLEN KOLMAN, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-2153
(Chief Judge Conner)

ORDER
AND NOW, this 13th day of January, 2017, upon consideration of the report
(Doc. 9) of Magistrate Judge Martin C. Carlson, recommending the court dismiss the
above-captioned matter with prejudice in light of the failure of pro se plaintiff Leon
Caine (“Caine”) to file a curative second amended pleading within the time period
provided by the court, (see id. at 2-4; see also Doc. 8), and it appearing that Caine did
not object to the report, see FED. R. CIV. P. 72(b), 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 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 the court finding no error in the report and in
full agreement with Judge Carlson’s analysis, it is hereby ORDERED that:
1.

The report (Doc. 9) of Magistrate Judge Carlson is ADOPTED.

2.

Caine’s complaint (Doc. 1) and amended complaint (Doc. 7) are
DISMISSED with prejudice.

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