Shipman et al v. Gelso et al

Filing 65

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting 52 Motion for Summary Judgment; adopting 64 Report and Recommendations.Clerk to close case.Signed by Honorable Malachy E Mannion on 8/26/13. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
DENNIS SHIPMAN, et al.,

:

Plaintiffs,

:

Civil No. 3:11-CV-1162

v.

:

(Mannion, D. J.)
(Schwab, M. J.)

JINADA ROCHELLE, et al.,
Defendants.

:
:
ORDER

AND NOW, this 26th day of August, 2013, upon consideration of the
Report and Recommendation of United States Magistrate Judge Susan E.
Schwab, (Doc. No. 64), and, following an independent review of the record,
it appearing that neither party has objected to the judge’s report and
recommendation, and that there is no clear error1 on the face of the record,
it is hereby ORDERED:
1.) The Report and Recommendation of Judge Schwab, (Doc. No. 64),
is ADOPTED IN ITS ENTIRETY.

1

For those sections of the Report and Recommendation to which no objection
is made, 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., 702 F.Supp.2d 465, 469 (2010) (citing Henderson v. Carlson, 812 F.2d
874, 878 (3d Cir. 1987) (explaining judges should give some review to every Report
and Recommendation)). Nevertheless, whether timely objections are made or not,
the district court may accept, reject or modify, in whole or in part, the findings or
recommendations made by the Magistrate Judge. 28 U.S.C. § 636(b)(1); Local Rule
72.31.

2.) The motion for summary judgment filed by defendants on October
17, 2012, (Doc. No. 52), is GRANTED IN ITS ENTIRETY.
3.) Plaintiffs’ amended complaint, (Doc. No. 6), is DISMISSED WITH
PREJUDICE.
4.) The clerk of court is directed to CLOSE THE CASE.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
Dated: August 26, 2013
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2011 ORDERS\11-1162-02.wpd

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