Henderson et al v. Attorney General of PA et al

Filing 45

ORDER: 1) The report and recommendation 41 of MJ Schwab is ADOPTED.2) Pltfs complaint (Doc. 1) is DISMISSED with prejudice for failure to state a claim.3) The Clerk of Court is directed to close this file.Signed by Honorable Sylvia H. Rambo on 10/30/18. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
A. HENDERSON,
Plaintiff,
v.
ATTORNEY GENERAL OF PA, et
al.,
Defendant.

:
:
:
:
:
:
:
:
:
:

Civil No. 1:18-cv-0982

Judge Sylvia H. Rambo

ORDER
Before the court for disposition is Chief Magistrate Judge Schwab’s report
and recommendation (Doc. 41), which recommends that Plaintiff’s complaint
(Doc. 1) be dismissed for failure to state a claim1 and that the case be closed.
Objections to the report and recommendation were due on October 1, 2018, but no
such objections have been filed.2
In considering whether to adopt the report and recommendation, the court
should, as a matter of good practice, “satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b),
advisory committee notes; see also Univac Dental Co. v. Dentsply Intern., Inc.,

1

Plaintiff was previously granted leave to file an amended complaint, but he failed to do so. (See
Doc. 28.)
2

Plaintiff has, however, filed two documents in the interim, a request for subpoenas (Doc. 42)
and a letter to the Clerk of Court regarding his inmate account (Doc. 44). Neither document is
relevant to the instant matter.

702 F. Supp. 2d 465, 469 (M.D. Pa. 2010) (explaining that judges should review
dispositive legal issues raised by the report for clear error).
Following an independent review of the record, the court is satisfied that the
report and recommendation contains no clear error, and will therefore adopt the
report recommendation. Accordingly, IT IS HEREBY ORDERED as follows:
1) The report and recommendation is ADOPTED.
2) Plaintiff’s complaint (Doc. 1) is DISMISSED with prejudice for
failure to state a claim.
3) The Clerk of Court is directed to close this file.

s/Sylvia H. Rambo
SYLVIA H. RAMBO
United States District Judge
Dated: October 30, 2018

2