Opinion
CIVIL ACTION NO. 6:06-cv-00943.
April 6, 2007
ORDER
Pending before the court are the plaintiffs,' Jeri Wagner, Daniel Lee Brown, Cornelius Tucker, and J. Orwin, "Request/Petition Representer Authorization for Class Action Lawsuit on the Merits in the Interest of Justice and F.O.I.A./PA Vaughn Motion Index Justification Order" (Docket 4) and Applications/Motions to Proceed In Forma Pauperis on behalf of Jeri Wagner, Daniel Brown and Cornelius Tucker (Dockets 1, 2 and 3). This action was referred to the Honorable Mary E. Stanley, United States Magistrate Judge, for submission to this court of proposed findings of fact and recommendation for disposition, pursuant to 28 U.S.C. § 636(b)(1)(B). The Magistrate Judge has submitted findings of fact and has recommended that the court DENY the Request for Authorization for Class Action Lawsuit, DISMISS this civil action pursuant to 28 U.S.C. § 1915A as being frivolous and for failure to state a claim, DENY AS MOOT the plaintiffs' motion for Vaughn Index and F.O.I.A./P.A. Request that is incorporated in Document 4, and DENY plaintiffs' Application to Proceed In Forma Pauperis. Neither party has filed objections to the Magistrate Judge's findings and recommendations.
The failure to object to a magistrate judge's report may be deemed a waiver on appeal of the substance of the report and the court need only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation. See Camby v. Davis, 718 F.2d 198, 200 (4th Cir. 1983); Campbell v. United States D. Ct. N.D. Cal., 501 F.2d 196, 206 (9th Cir. 1974). The court has reviewed the Magistrate Judge's findings of fact and recommendations and finds no clear error on the face of the record. Therefore, the court accepts and incorporates herein the findings and recommendation of the Magistrate Judge and orders judgment consistent with the findings and recommendations. The court DENIES the Request for Authorization for Class Action Lawsuit, DISMISSES this civil action pursuant to 28 U.S.C. § 1915A as being frivolous and for failure to state a claim, DENIES AS MOOT the plaintiffs' motion for Vaughn Index and F.O.I.A./P.A. Request that is incorporated in Document 4, and DENIES plaintiffs' Application to Proceed In Forma Pauperis.
The court DIRECTS the Clerk to send a copy of this Order to counsel of record and any unrepresented party.