Tarpley-Bey v. United States of America

Filing 37

ORDER - IT IS HEREBY ORDERED that Magistrate Judge Martin C. Carlson's 35 Report and Recommendation is ADOPTED IN ITS ENTIRETY; Defendants' 27 Motion to Dismiss for Failure to State a Claim is GRANTED. Plaintiff's 32 Motion to Dismiss is DENIED. The amended complaint (ECF No. 17) is DISMISSED. The Clerk of Court is direct to close this case. Signed by Honorable Matthew W. Brann on 3/8/2019. (jr)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 3:17-CV-01751

ANTHONY TARPLEY-BEY,

(Judge Brann)

Plaintiff,

(Magistrate Judge Carlson)

v.
AGENTS OF THE UNITED STATES
OF AMERICA,
WARDEN L.J. ODDO, and
CAPTAIN UNKNOWN NAMED,
Defendants.
ORDER

MARCH 8, 2019
On January 24, 2019, Magistrate Judge Martin C. Carlson issued a Report and
Recommendation recommending that this Court grant Defendants’ motion to
dismiss. No timely objections were filed to this Report and Recommendation.
Where no objection is made to a report and recommendation, this court will
review the recommendation only for clear error. Fed. R. Civ. P. 72(b), advisory
committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)
(explaining that court should in some manner review recommendations regardless
of whether objections were filed). Regardless of whether timely objections are
made, district courts 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. This Court has reviewed the Report and Recommendation and
has found no clear error on the face of the record. Consequently, IT IS HEREBY
ORDERED that:
1.

Magistrate Judge Martin C. Carlson’s Report and Recommendation
(ECF No. 35) is ADOPTED IN ITS ENTIRETY;

2.

Defendants’ motion to dismiss (ECF No. 27) is GRANTED;

3.

Plaintiff’s motion to dismiss (ECF No. 32) is DENIED;

4.

The amended complaint (ECF No. 17) is DISMISSED; and

5.

The Clerk of Court is direct to close this case.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge