Hyde et al v. The Shamokin Sewer Authority

Filing 9

ORDER ADOPTING REPORT AND RECOMMENDATION: IT IS HEREBY ORDERED that Chief Magistrate Judge Susan E. Schwab's 8 Report and Recommendation is ADOPTED IN ITS ENTIRETY; and the Clerk of Court is directed to close this case. Signed by Honorable Matthew W. Brann on 8/21/2017. (jn)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WALTER HYDE, et al.,
Plaintiffs,
THE SHAMOKIN SEWER
AUTHORITY,
Defendant.

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NO. 4:16-CV-02486
(Judge Brann)
(Chief Magistrate Judge Schwab)

ORDER
AUGUST 21, 2017
Before the Court for disposition is a Report and Recommendation filed by
Chief Magistrate Judge Susan E. Schwab on July 17, 2017.1 In this Report, Chief
Magistrate Schwab recommended that (1) the case be dismissed for failure of
Plaintiff to pay the required filing fee or file a properly completed application for
leave to proceed in forma pauperis; and (2) 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
fact and recommendations.”3 Once filed, this Report and Recommendation is
1

ECF No. 8.

2

Id.

3

28 U.S.C. 636(b)(1)(B).

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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. The Court is in full agreement
that, due to Plaintiff’s failure to pay the required filing fee or file a properly
completed application for leave to proceed in forma pauperis, this case should be
dismissed.

AND NOW, therefore, IT IS HEREBY ORDERED that:
1. Chief Magistrate Judge Susan E. Schwab’s Report and Recommendation
(ECF No. 8) is ADOPTED IN ITS ENTIRETY; and

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. The Clerk of Court is directed to close this case.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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