Hyde v. Shamokin Sewer Auth.

Full title: WALTER HYDE, et al., Plaintiffs, v. THE SHAMOKIN SEWER AUTHORITY…

Court: UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

Date published: Aug 21, 2017

NO. 4:16-CV-02486 (M.D. Pa. Aug. 21, 2017)

Opinion

NO. 4:16-CV-02486

08-21-2017

WALTER HYDE, et al., Plaintiffs, v. THE SHAMOKIN SEWER AUTHORITY, Defendant.

Judge Brann

() (Chief Magistrate Judge Schwab) ORDER

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.

1 ECF No. 8.

2 Id.

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 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

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. --------

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

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