Green v. Franklin et al

Filing 12

ORDER ADOPTING REPORT 10 of Magistrate Judge Schwab, DISMISSING complaint 1 w/ prejudice, directing Clrk of Ct to CLOSE case & noting any appeal from this order deemed frivolous & not taken in good faith. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 8/28/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DARRON D. GREEN,
Plaintiff
v.
FELICIA FRANKLIN, et al.,
Defendants

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CIVIL ACTION NO. 1:16-CV-2292
(Chief Judge Conner)

ORDER
AND NOW, this 28th day of August, 2017, upon consideration of the
report (Doc. 10) of Chief Magistrate Judge Susan E. Schwab, issued following
comprehensive review of the complaint (Doc. 1) of pro se plaintiff Darron D. Green
(“Green”), wherein Judge Schwab recommends that the court dismiss Green’s
complaint for failure to state a claim for which relief may be granted, and that
dismissal should be without leave to amend in view of Green’s failure to comply
with the court’s requirement that he maintain a current address with the Clerk of
Court, (see id. at 6-8), and it appearing that no party has 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 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. 10) of Magistrate Judge Schwab is ADOPTED.

2.

Green’s complaint (Doc. 1) is 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