Capozzi v. Pennsylvania Board Probation & Parole et al

Filing 20

ORDER: 1) The r and r of the M.J. Mehalchick 19 is ADOPTED.2) Dfts mtn to dismiss the complaint 16 is GRANTED.3) Pltf is HEREBY GRANTED leave to file an amended complaint within 30 days of the date of this order.4) This matter is HEREBY REMANDED to the magistrate judge for any further proceedings. Signed by Honorable Sylvia H. Rambo on 9/11/19. (ma)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
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:
:
Plaintiff,
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v.
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PENNSYLVANIA BOARD
:
PROBATION & PAROLE, et al.,
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Defendants. :
FRANK JAMES CAPOZZI, SR.,

Civil No. 3:17-cv-2102

Judge Sylvia H. Rambo

ORDER
Before the court is a report and recommendation of the magistrate judge in
which she recommends that the court grant Defendants’ motion to dismiss the
complaint. Objections to the report and recommendation were due on August 12,
2019, and to date no objections have been filed.
In considering whether to adopt a report and recommendation when no
objections have been filed, 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 (M.D. Pa. 2010)
(explaining that judges should review dispositive legal issues raised by the report for
clear error). Following an independent review of the record, the court is satisfied
that the report and recommendation contains no clear error and will therefore adopt
the recommendation.

Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:
1) The report and recommendation of the magistrate judge (Doc. 19) is
ADOPTED.
2) Defendants’ motion to dismiss the complaint (Doc. 16) is GRANTED.
3) Plaintiff is HEREBY GRANTED leave to file an amended complaint that
clarifies the bases of his claims and cure the pleading deficiencies outlined
in the report and recommendation within 30 days of the date of this order.
4) This matter is HEREBY REMANDED to the magistrate judge for any
further proceedings.

s/Sylvia H. Rambo
Sylvia H. Rambo
United States District Judge
Dated: September 11, 2019