Emick v. Borough of Montoursville et al
Filing
11
ORDER ADOPTING IN ITS ENTIRETY 10 REPORT AND RECOMMENDATIONS; GRANTING 2 Motion to Dismiss; GRANTING 3 Motion to Dismiss for Failure to State a Claim; and the Clerk of Courts is directed to close this case. Signed by Honorable Matthew W. Brann on 6/5/2017. (jn)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
PETER DELANCE EMICK,
Plaintiff,
v.
BOROUGH OF MONTOURSVILLE,
et al.,
Defendants.
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No.: 4:16-CV-01856
(Judge Brann)
(Magistrate Judge Saporito)
ORDER
JUNE 5, 2017
Before the Court for disposition is a Report and Recommendation filed by
Magistrate Judge Joseph F. Saporito, Jr. on May 12, 2017.1 In this Report,
Magistrate Judge Saporito recommended that (1) Defendants Borough of
Montoursville, and City of Williamsport’s pending motions to dismiss be granted;
(2) Plaintiff Peter Delance Emick’s complaint be dismissed for failure to state a
claim pursuant to Fed. R. Civ. P. 12(b)(6); and (3) the Clerk be directed to close
this case.2 No objections to this Report and Recommendation have since been
filed.
Upon designation, a magistrate judge may “conduct hearings, including
evidentiary hearings, and . . . submit to a judge of the court proposed findings of
1
ECF No. 10.
2
Id.
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fact and recommendations.”3 Once filed, this Report and Recommendation is
disseminated to the parties in the case who then have the opportunity to file written
objections.4 Where no objection is made to a report and recommendation, 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.”5 Nevertheless,
whether timely objections are made or not, the district court may accept, reject or
modify, in whole or in part, the findings or recommendations made by the
magistrate judge.6
Following independent review of the record, I am satisfied that the Report
and Recommendation contains no clear facial error. In the interests of judicial
economy, I will not rehash Magistrate Judge Saporito's sound reasoning and legal
citation. The Court is in full agreement that Plaintiff Peter Delance Emick’s
Complaint has failed to state a claim pursuant to Fed. R. Civ. P. 12(b)(6) and
should be dismissed in its entirety.
AND NOW, therefore, IT IS HEREBY ORDERED that:
1. Magistrate Judge Joseph F. Saporito, Jr.’s Report and Recommendation
(ECF No. 10) is ADOPTED IN ITS ENTIRETY;
3
28 U.S.C. 636(b)(1)(B).
4
28 U.S.C. 636(b)(1).
5
Rieder v. Apfel, 115 F.Supp.2d 496, 499 (M.D.Pa. 2000) (citing United States v. Raddatz, 447
U.S. 667, 676 (1980)).
6
28 U.S.C. § 636(b)(1); Local Rule 72.31.
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2. Defendants Borough of Montoursville and City of Williamsport’s Motions
to Dismiss (ECF Nos. 2 & 3) are GRANTED;
3. The Clerk of Courts is directed to close this case.
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
United States District Judge
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