Elansari v. United States et al

Filing 70

ORDER ADOPTING REPORT AND RECOMMENDATIONS -The report and recommendation of Judge Schwab, (Doc. 61), is ADOPTED. Plaintiff Elansaris Motion for Judgment by Default Failure to Respond, (Doc. 32), is DENIED; and Plaintiff Elansaris Emergency Praecipe for Entry of Judgment by Default, (Doc. 33), is DENIED. Signed by Honorable Malachy E Mannion on 8/15/16. (ao)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
AMRO ELANSARI,

:
:

Plaintiff

CIVIL ACTION NO. 3:15-1461
:

v.
:

(MANNION, D.J.)
(SCHWAB, M.J.)

UNITED STATES, et al.,
:
Defendants

ORDER
Upon consideration of the report and recommendation of Judge Susan
E. Schwab, (Doc. 61), 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 error on the face of the record:1
IT IS HEREBY ORDERED, THAT:
(1)

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The report and recommendation of Judge Schwab, (Doc. 61), is

When no objection is made to a 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., 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, not accept 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.

ADOPTED;
(2)

Plaintiff Elansari’s “Motion for Judgment by Default –Failure to
Respond”, (Doc. 32), is DENIED; and

(3)

Plaintiff Elansari’s “Emergency Praecipe for Entry of Judgment by
Default”, (Doc. 33), is DENIED.

s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge

Dated: August 15, 2016
O:\Mannion\shared\ORDERS - DJ\CIVIL ORDERS\2015 ORDERS\15-1461-02.wpd

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