IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
January 13, 2010
HOWARD LEE HARRISON, PLAINTIFF
WARDEN BLEDSOE, MRS. REAR, MRS. MARIANO, ESTRADA, PASSANITI, BREWER, REEVES AND HOUSER, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 13th day of January, 2010, upon consideration of the second amended complaint (Doc. 14), filed by plaintiff Harrison, and upon further consideration of the report of the magistrate judge (Doc. 18), recommending that the second amended complaint (Doc. 14) be dismissed, and that the case file be closed, and, following an independent review of the record, it appearing that the second amended complaint (Doc. 14) in the above-captioned matter alleges denial of due process and violation of the Eighth Amendment right to be free from cruel and unusual punishment, and that the magistrate judge's report recommends that the second amended complaint (Doc. 14) be dismissed pursuant to 28 U.S.C. § 1915A(b)(1) for failure to state a claim upon which relief may be granted, and that the case file be closed, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn1 and that there is no clear error on the face of the record,*fn2 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. 18) is ADOPTED.
2. All claims are DISMISSED. Leave to amend is denied as futile.
3. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge