Olvany v. Shulman

Filing 19

ORDER ADOPTING REPORT AND RECOMMENDATION of the magistrate judge 16 , AMENDING caption, GRANTING USA's motion to dismiss amended complaint 11 & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Honorable Christopher C. Conner on 05/31/11. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

DEAN P. OLVANY,
Plaintiff

:
:
:
v.
:
:
DOUGLAS H. SHULMAN,
:
COMMISSIONER INTERNAL REVENUE :
SERVICE, ANGELA ARGEUTA, and
:
UNKNOWN PARTIES,
:
Defendants
:

CIVIL ACTION NO. 4:10-CV-2087
(Judge Conner)

ORDER
AND NOW, this 31st day of May, 2011, upon consideration of the Report and
Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 16),
recommending that the caption be amended and the United States’ motion to dismiss
the amended complaint (Doc. 11) be granted, and, following an independent review of
the record and noting that plaintiff filed objections1 to the report on May 24, 2011 (Doc.
17), and the court finding Judge Smyser’s analysis to be thorough and well-reasoned, and
the court finding plaintiff’s objections to be without merit and squarely addressed by
Judge Smyser’s report, it is hereby ORDERED that:

1

Where objections to a magistrate judge’s report and recommendation are
filed, the court must perform a de novo review of the contested portions of the
report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3
(M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir.
1989); 28 U.S.C. § 636(b)(1)(c)). “In this regard, Local Rule of Court 72.3 requires
‘written objections which . . . specifically identify the portions of the proposed
findings, recommendations or report to which objection is made and the basis for
those objections.’” Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL
4186951, at *6 (M.D. Pa. Sept. 8, 2008)).

1.

The Report and Recommendation of the magistrate judge (Doc. 16) are
ADOPTED.

2.

The caption is AMENDED to read Dean P. Olvany v. United States of
America.

3.

The United States of America’s motion to dismiss the amended complaint
(Doc. 11) is GRANTED.

4.

The Clerk of Court is directed to CLOSE this case.

S/ Christopher C. Conner
CHRISTOPHER C. CONNER
United States District Judge