Nieves v. Pennsylvania

Full title: LUIS NIEVES, Plaintiff v. STATE OF PENNSYLVANIA, ET AL., Defendants

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

Date published: Jan 16, 2020

No. 3:18cv1253 (M.D. Pa. Jan. 16, 2020)

Opinion

No. 3:18cv1253

01-16-2020

LUIS NIEVES, Plaintiff v. STATE OF PENNSYLVANIA, ET AL., Defendants

Judge Munley

( )

(Magistrate Judge Arbuckle)

ORDER

AND NOW, to wit, this 16^th day of January 2020, we have before us for disposition Magistrate Judge William I. Arbuckle's report and recommendation, which proposes the dismissal of plaintiff's complaint. Pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) without further leave to amend. 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, we 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. Cuyler, 723 F.2d 1077, 1085 (3d Cir. 1983).

After a careful review, we find neither a clear error on the face of the record nor a manifest injustice, and therefore, we shall adopt the report and recommendation. It is hereby ORDERED as follows:

1) The magistrate judge's report and recommendation (Doc. 69) is ADOPTED;

2) The plaintiff's complaint is DISMISSED pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) without further leave to amend; and

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

BY THE COURT:

/s/ _________

JUDGE JAMES M. MUNLEY

United States District Court