Parker v. Harrisburg City et al

Filing 10

ORDER ADOPTING REPORT 9 of Chief Magistrate Judge Schwab, DISMISSING complaint 1 w/out prejudice, directing Clrk of Ct to CLOSE action, & 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 7/14/17. (ki)

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CARNEAL PARKER, Plaintiff v. HARRISBURG CITY, et al., Defendants : : : : : : : : : CIVIL ACTION NO. 1:17-CV-653 (Chief Judge Conner) ORDER AND NOW, this 14th day of July, 2017, upon consideration of the report (Doc. 9) of Chief Magistrate Judge Susan E. Schwab, recommending the court dismiss the complaint (Doc. 1) of pro se plaintiff Carneal Parker (“Parker”) for failure to pay the filing fee or to file a proper application to proceed in forma pauperis after the court placed Parker on notice that failure to do so would result in dismissal of this action, (see Doc. 6), and it appearing that Parker 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 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. 9) of Chief Magistrate Judge Schwab is ADOPTED. 2. Parker’s complaint (Doc. 1) is DISMISSED without prejudice. 3. The Clerk of Court is directed to CLOSE the above-captioned action. 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

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