Brown et al v. Wayne County Pennsylvania et al

Filing 38

ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER REFERRING CASE to Magistrate Judge William I. Arbuckle; ; William I. Arbuckle added. adopting 28 Report and Recommendations. ORDER REFERRING CASE to Magistrate Judge William I. Arbuckle; ;.NEIJA M. BROWN and NYIA N. BROWN terminated.; Signed by Honorable Malachy E Mannion on 7/10/19. (bs)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
NOEL L. BROWN, et al.

:

Plaintiffs

:

CIVIL ACTION NO. 3:18-155

:

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

v.
WAYNE COUNTY
PENNSYLVANIA, et al.

:
:

Defendants
:
ORDER
The present case was filed by five pro se plaintiffs, four, of which, have
the last name “Brown.” Presently before the court is Magistrate Judge
William I. Arbuckle’s report and recommendation (“Report”), which
recommends that two plaintiffs, Neija M. Brown and Nyia N. Brown’s claims
be dismissed. (Doc. 28). Neither party has filed objections to Judge
Arbuckle’s Report.
When no objections are made to the report and recommendation of a
magistrate judge, 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) (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); M.D.Pa. L.R. 72.31.
On April 10, 2019, Judge Arbuckle issued an order directing four of the
five pro se plaintiffs to either pay the required filing fee to file a complaint or
file a motion for leave to proceed in forma pauperis by May 10, 2019. (Doc.
14). The two plaintiffs at issue here, Neija M. Brown and Nyia N. Brown have
failed to perform either action as ordered by Judge Arbuckle. As such, this
court agrees with the sound reasoning that led Judge Arbuckle to his
recommendation that all claims filed by Neija M. Brown and Nyia N. Brown
be dismissed.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
(1) Judge Arbuckle’s Report (Doc. 28) is ADOPTED IN ITS
ENTIRETY;
(2) Plaintiffs Neija M. Brown and Nyia N. Brown’s claims are
DISMISSED;
(3) The Clerk of Court is directed to TERMINATE plaintiffs Neija M.
Brown and Nyia N. Brown from this case; and
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(4) This case is REMANDED to Judge Arbuckle for further
proceedings.
s/

Malachy E. Mannion

MALACHY E. MANNION
United States District Judge
DATE: July 10, 2019
18-155-01

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