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)

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