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Dickey v. Acquisitions

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


April 20, 2010

ROBERT DICKEY, PLAINTIFF
v.
TYLER AND MORGAN ACQUISITIONS, DEFENDANT

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 20th day of April, 2010, upon consideration of the report of the magistrate judge (Doc. 4) recommending that the above-captioned matter be dismissed and closed, and, following an independent review of the record, it appearing that plaintiff filed a notice of voluntary dismissal on March 11, 2010, that the defendant has not served an answer or motion for summary judgment, that neither party has objected to the magistrate judge's report and recommendation, and that there is no clear error on the face of the record,*fn1 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 (Doc. 4) of the magistrate judge is ADOPTED.

2. All claims in the above-captioned matter are DISMISSED without prejudice. FED. R. CIV. P. 41(a).

3. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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