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Quiles v. United States Dep't of Defense

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 10, 2009

ELOY QUILES, PLAINTIFF
v.
UNITED STATES DEPARTMENT OF DEFENSE AND DEPARTMENT OF THE NAVY, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of December, 2009, upon consideration of the report*fn1 (Doc. 17) of the magistrate judge, recommending that the motion (Doc. 3) to dismiss be granted, without prejudice to plaintiff to seek leave to amend his complaint, and, following an independent review of the record, it appearing that the complaint in the above-captioned matter alleges violations of plaintiff's rights under 42 U.S.C. § 1981 and the Fourteenth Amendment of the United States Constitution, and that the magistrate judge concludes that the doctrine of sovereign immunity bars the plaintiff's claims, and that the magistrate judge's report recommends dismissal of the complaint, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn2 and that there is no clear error on the face of the record,*fn3 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 17) is ADOPTED.

2. The earlier report of the magistrate judge (Doc. 15) is REJECTED as moot.

3. The motion to dismiss (Doc. 3) is GRANTED.

4. The case is DISMISSED, without prejudice to plaintiff to seek leave to amend his complaint, provided that plaintiff seeks leave to amend within 30 days of the entry of this order and provides an explanation for his prior failure to comply with the court's instructions.

CHRISTOPHER C. CONNER United States District Judge


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