Walsh v Procter and Gamble et al
Filing
16
ORDER adopting in part and denying in part 15 Report and Recommendation and closing case. Signed by Honorable Edwin M. Kosik on 8/30/2016. (emksec, )
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
____________________________________
:
JOHN R. WALSH, III,
:
:
Plaintiff,
:
:
v.
:
:
PROCTOR AND GAMBLE, et al.,
:
:
Defendants.
:
____________________________________:
Civil Action No. 3:16-CV-1007
(Judge Kosik)
ORDER
AND NOW, THIS 30th DAY OF AUGUST, 2016, IT APPEARING TO THE COURT
THAT:
[1] Pro se Plaintiff, John R. Walsh, III, filed this instant action on May 27, 2016, against
numerous corporate defendants for failure to use recyclable cardboard containers for their goods
and seeks damages of $1,000,000,000 (Doc. 1);
[2] Pursuant to its statutory obligation under 28 U.S.C. § 1915(e)(2), United States
Magistrate Judge Martin C. Carlson screened Plaintiff’s complaint;
[3] On August 12, 2016, the Magistrate Judge issued a Report and Recommendation
(Doc. 15), recommending that Plaintiff’s complaint (Doc. 1) be dismissed without further leave
to amend for failure to state a claim upon which relief can be granted. The Magistrate Judge
further recommended that an order to show cause be issued to potentially limit Plaintiff’s future
filings;
[4] Plaintiff has failed to file timely objections to the Magistrate Judge’s Report and
Recommendation;
AND, IT FURTHER APPEARING THAT:
[5] If no objections are filed to a Magistrate Judge’s Report and Recommendation, the
Plaintiff is not statutorily entitled to a de novo review of his claims. 28 U.S.C.A.§ 636(b)(1)(C);
Thomas v. Arn, 474 U.S. 140, 150-53 (1985). Nonetheless, the usual practice of the district
court is to give “reasoned consideration” to a magistrate judge’s report prior to adopting it.
Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987); and
[6] We have considered the Magistrate Judge’s Report, and we concur with his
recommendation that Plaintiff’s complaint be dismissed for failure to state a claim. We decline
to adopt the Magistrate Judge’s recommendation to issue an order to show cause.
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
[1] The Report and Recommendation of Magistrate Judge Martin C. Carlson, dated
August 12, 2016 (Doc. 15) is ADOPTED IN PART, DENIED IN PART;
[2] Plaintiff’s Complaint (Doc. 1) is DISMISSED; and,
[3] The Clerk of Court is directed to CLOSE this case and is further directed to
FORWARD a copy of this Order to the Magistrate Judge.
s/Edwin M. Kosik
Edwin M. Kosik
United States District Judge
2
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