Walsh v. Easterbrook et al

Filing 6

ORDER adopting in part and denying in part 5 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.
:
:
MCDONALDS CORP, et al.,
:
:
Defendants.
:
____________________________________:

Civil Action No. 3:16-CV-1179
(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 June 17, 2016, against
McDonalds for “extreme violation of my civil right,” and seeks damages of $20,000,000,000
“plus tremble damges” (Doc. 1);
[2] Pursuant to its statutory obligation under 28 U.S.C. § 1915(e)(2)(B)(ii), 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. 12), 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. 5) 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 FORWARD a copy of this
Order to the Magistrate Judge.

s/Edwin M. Kosik
Edwin M. Kosik
United States District Judge

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