Opinion
CIVIL ACTION NO. 1:15-CV-956
12-29-2015
CORNELL COLE, Plaintiff v. COMMONWEALTH OF PENNSYLVANIA DAUPHIN COUNTY, et al., Defendants
( ) ORDER
AND NOW, this 29th day of December, 2015, upon consideration of the report (Doc. 9) of Magistrate Judge Karoline Mehalchick, recommending the court close this case for plaintiff's failure to file a timely amended pleading, and it appearing that plaintiff did not object to the report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure of a party to timely object to a magistrate judge's conclusions "may result in forfeiture of de novo review at the district court level," Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d Cir. 1987)), but that, as a matter of good practice, a district court should "afford some level of review to dispositive legal issues raised by the report," Henderson, 812 F.2d at 878; see also Taylor v. Comm'r of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015) (citing Univac Dental Co. v. Dentsply Intern., Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)), in order to "satisfy itself that there is no clear error on the face of the record," FED. R. CIV. P. 72(b), advisory committee notes, and, following an independent review of the record, the court being in agreement with Judge Mehalchick's recommendation and concluding that there is no clear error on the face of the record, it is hereby ORDERED that:
1. The report (Doc. 9) of Magistrate Judge Mehalchick is ADOPTED.
2. The Clerk of Court is directed to CLOSE this case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania