Carrington v. Schuylkill Cnty. Crisis

Full title: KEVIN C. CARRINGTON, Plaintiff v. SCHUYLKILL COUNTY CRISIS, et al.…

Court: United States District Court, Middle District of Pennsylvania

Date published: Mar 8, 2024

3:23cv2075 (M.D. Pa. Mar. 8, 2024)

Opinion

3:23cv2075

03-08-2024

KEVIN C. CARRINGTON, Plaintiff v. SCHUYLKILL COUNTY CRISIS, et al.. Defendants

Munley Judge

ORDER

Munley Judge

AND NOW, to wit, this 8^th day of March 2024, before the court for disposition is Magistrate Judge Daryl F. Bloom's report and recommendation, which proposes the dismissal of plaintiff's complaint without prejudice. (Doc. 12). Magistrate Judge Bloom further recommends that plaintiff be granted leave to correct the complaint's defects cited in the report and recommendation within 20 days, (Id.) No objections to the report and recommendation have been filed, and the time for such filing has passed. Therefore, in deciding whether to adopt the report and recommendation, the court must determine if a review of the record evidences plain error or manifest injustice. FED. R. CIV. P. 72(b) 1983 Advisory Committee Notes (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record to accept the recommendation''); see also 28 U.S.C. § 636(b)(1); Sullivan v. Cuvier. 723 F.2d 1077, 1085 (3d Cir. 1983).

After a careful review, the court finds neither a clear error on the face of the record nor a manifest injustice, and therefore, the report and recommendation will be adopted. It is hereby ORDERED as follows:

1) The magistrate judge's report and recommendation (Doc. 12) is ADOPTED;

2) The plaintiff's complaint is DISMISSED without prejudice;

3) Plaintiff is granted leave to file an amended complaint within twenty (20) days from the date of this order to correct the defects in the original complaint as set forth in the report and recommendation; and

4) If a timely amended complaint is not filed, this case will be dismissed with prejudice and closed.