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Davenport v. Kneal

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


January 12, 2010

ELMER DAVENPORT, ET AL. PLAINTIFFS
v.
CAPTAIN D. KNEAL, ET AL. DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 12th day of January, 2010, upon consideration of the report of the magistrate judge (Doc. 19) recommending that plaintiffs Dickens*fn1 and William*fn2 be dismissed for failure to comply with a thirty day administrative order (Doc. 6) and recommending that all claims against defendants Hendrik, Metzinger, Hannon, Stotler, Allen, Eidem, Dulina, Walter, Springer, and Wagner be dismissed,*fn3 and, following an independent review of the record, it appearing that the complaint in the above-captioned matter requests relief under 42 U.S.C. §1983, and that the magistrate judge's report recommends that plaintiffs Dickins and Willam be dismissed from suit and that all claims against defendants Hendrik, Metzinger, Hannon, Stotler, Allen, Eidem, Dulina, Walter, Springer, and Wagner be dismissed, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn4 and that there is no clear error on the face of the record,*fn5 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. 19) is ADOPTED.

2. Plaintiffs Dickens and William are DISMISSED.

3. All claims against defendants Hendrik, Metzinger, Hannon, Stotler, Allen, Eidem, Dulina, Walter, Springer, and Wagner are DISMISSED.

4. The case is REMANDED to the magistrate judge for further proceedings on the remaining claims brought by plaintiffs Davenport and Betrand.

CHRISTOPHER C. CONNER United States District Judge


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