Gadaleta v. Houser Auctioneers et al

Filing 24

ORDER ADOPTING REPORT AND RECOMMENDATION 20 ; Plaintiff shall have the opportunity to AMEND her complaint as set forth in the Report and Recommendation; DENYING the motion for allowance of exhibits 17 ; REMANDING the case to Magistrate Judge Mehalchick for further proceedings. Signed by Honorable Matthew W. Brann on 7/10/14. (km)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PATRICIA GADALETA,
Plaintiff
v.
HOUSER AUCTIONEERS, et al.,
Defendants.

:
:
:
:
:
:
:
:
:

Case No. 4:13-cv-01989
(Brann, J.)
(Mehalchick, M.J.)

ORDER
July 10, 2014
On May 6, 2014, Magistrate Judge Karoline Mehalchick issued a Report and
Recommendation (ECF No. 20) (hereinafter, the “R&R”) in which she advised the
Court to dismiss plaintiff Gadaleta’s complaint for failure to state a claim upon
which relief can be granted. See 28 U.S.C. 1915(e)(2)(B) (providing that
complaints of persons proceeding in forma pauperis may be dismissed at any time
for failure to state a claim). Gadaleta did not file objections, so the Court has
reviewed the R&R for clear error and obvious non-conformity with wellestablished law. See Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)
(although Court is not required to review magistrate judge’s report absent
objections, “the better practice is for the district judge to afford some level of
1

review to dispositive legal issues raised by the report”). The Court will adopt
Magistrate Judge Mehalchick’s R&R.
NOW, THEREFORE, IT IS HEREBY ORDERED that the May 6, 2014
R&R (ECF No. 20) is ADOPTED. Gadaleta shall have the opportunity to AMEND
her complaint as set forth in the R&R. Her motion for allowance of exhibits
(March 10, 2014, ECF No. 17) is DENIED. This case is remanded to Magistrate
Judge Mehalchick for further proceedings.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

2