Caretti v. Doerr et al

Filing 10

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 9 Magistrate Judge Saporito's Report and Recommendation is adopted; Plaintiff's amended complaint is dismissed; Clerk directed to close this case. Signed by Honorable Matthew W. Brann on 4/30/19. (case closed) (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:17-CV-00268

FRANCIS JOSEPH CARETTI JR.,

(Judge Brann)

Plaintiff,

(Magistrate Judge Saporito)

v.
THOMAS J. DOERR, et al.,
Defendants.
ORDER

APRIL 30, 2019
1.

On February 13, 2017, Plaintiff filed a Complaint. ECF No. 1.

2.

On April 21, 2017, Plaintiff filed an Amended Complaint. ECF No. 8.

3.

On April 9, 2019, Magistrate Judge Joseph F. Saporito, Jr. recommended
dismissing Plaintiff’s complaint as frivolous and for failure to state a claim
upon which relief can be granted.

Magistrate Judge Saporito also

recommended that the case be closed. ECF No. 9.
4.

Neither party has objected to that recommendation.

5.

This Court has reviewed Magistrate Judge Saporito’s Report and
Recommendation and has determined that “there is no clear error on the
face of the record.”1

6.

Therefore, IT IS HEREBY ORDERED that:
a.

Magistrate Judge Saporito’s Report and Recommendation, ECF No.
9, is ADOPTED,

b.

Plaintiff’s Amended Complaint is DISMISSED as frivolous and for
failure to state a claim upon which relief can be granted, and

c.

The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

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

1

See Univac Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)
(“When no timely objection is filed [to a Report and Recommendation], the court need only
satisfy itself that there is no clear error on the face of the record in order to accept” it.).