Kyker v. United States of America et al

Filing 9

ORDER ADOPTING REPORT 8 of Magistrate Judge Mehalchik, DISMISSING Kyker's complaint 1 w/out prejudice, directing Clrk of Ct to CLOSE action & 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 6/26/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ELIZABETH ANN KYKER,

:
:
Plaintiff
:
:
v.
:
:
UNITED STATES OF AMERICA, et al., :
:
Defendants
:

CIVIL ACTION NO. 1:17-CV-690
(Chief Judge Conner)

ORDER
AND NOW, this 26th day of June, 2017, upon consideration of the report
(Doc. 8) of Magistrate Judge Karoline Mehalchick, recommending the court dismiss
the complaint (Doc. 1) of pro se plaintiff Elizabeth Ann Kyker (“Kyker”) for failure
to pay the filing fee or to file a proper application to proceed in forma pauperis after
the court placed Kyker on notice that failure to do so would result in dismissal of
this action, (see Doc. 6), and it appearing that Kyker 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. 8) of Magistrate Judge Mehalchick is ADOPTED.

2.

Kyker’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