Opinion
CIVIL ACTION NO. 1:12-CV-909
09-13-2012
MICHAEL JOHN PISKANIN, Plaintiff v. FEDERAL BUREAU OF INVESTIGATION AND DIRECTOR OF U.S. DEPARTMENT OF JUSTICE AND ATTORNEY GENERAL, ERIC HOLDER, Defendants
(Judge Conner)
ORDER
AND NOW, this 13th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 10), recommending that plaintiff's motion to proceed in forma pauperis (Doc. 3) be denied and plaintiff's complaint (Doc. 1) be dismissed, and, following an independent review of the record and noting that plaintiff filed objections to the report on August 20, 2012 (Doc. 11), and the court finding plaintiff's objections to be without merit and squarely addressed by Judge Mannion's report (Doc. 10), it is hereby ORDERED that:
Where objections to a magistrate judge's report and recommendation are filed, the court must perform a de novo review of the contested portions of the report. Supinski v. United Parcel Serv., Civ. A. No. 06-0793, 2009 WL 113796, at *3 (M.D. Pa. Jan. 16, 2009) (citing Sample v. Diecks, 885 F.2d 1099, 1106 n. 3 (3d Cir. 1989); 28 U.S.C. § 636(b)(1)(c)). "In this regard, Local Rule of Court 72.3 requires 'written objections which . . . specifically identify the portions of the proposed findings, recommendations or report to which objection is made and the basis for those objections.'" Id. (citing Shields v. Astrue, Civ. A. No. 07-417, 2008 WL 4186951, at *6 (M.D. Pa. Sept. 8, 2008)).
Plaintiff's objections include an allegation of false representation on the part of Judge Mannion for the following statement: "Although he alleges that he is in danger as a former federal law enforcement operative, these allegations have previously been proven false. Piskanin v. Banach, et al., 2008 WL 5246165 (E.D. Pa. 2008)." The court notes that the statement is merely dictum and immaterial to Judge Mannion's ratio decidendi, and therefore declines to address the objection. The court further notes that the cited case was dismissed for failure to state a claim upon which relief may be granted pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).
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1. The Report and Recommendation of Magistrate Judge Mannion (Doc. 10) are ADOPTED.
2. Plaintiff's motions to proceed in forma pauperis (Docs. 3, 7) are DENIED. 28 U.S.C. § 1915(g).
3. Plaintiff's in forma pauperis complaint (Doc. 1) and petition for emergency relief (Doc. 2) are DISMISSED.
4. The Clerk of Court is directed to CLOSE this case.
5. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).
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CHRISTOPHER C. CONNER
United States District Judge