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Winston v. McLaughlin

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


June 25, 2010

MICHAEL WINSTON, PLAINTIFF
v.
JUDGE SEAN J. MCLAUGHLIN AND MARSHAL THOMAS M. FITZGERALD, DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 25th day of June, 2010, upon consideration of the report (Doc. 6) of the magistrate judge, recommending that the complaint (Doc. 1) filed by plaintiff Michael Winston ("Winston") be dismissed for improper venue and for failure to state a cognizable claim, and, following an independent review of the record, it appearing that defendant Judge Sean J. McLaughlin is entitled to judicial immunity from suit, see Stump v. Sparkman, 435 U.S. 349, 356-57 (1978), and that defendant Marshal Thomas M. Fitzgerald's alleged refusal to serve process in a separate federal lawsuit in the Western District of Pennsylvania is a matter to be addressed before the judge presiding over that lawsuit, see Landis v. N. Am. Co., 299 U.S. 248, 254-55 (1936) (explaining that a district court maintains the "inherent power . . . to control the disposition of the causes on its docket with economy of time and effort for itself, for counsel, and for litigants"), and it further appearing that Winston has not objected to the magistrate judge's 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 and recommendation (Doc. 6) of the magistrate judge is ADOPTED.

2. The complaint (Doc. 1) is DISMISSED. Leave to amend is DENIED as futile. Grayson v. Mayview State Hosp., 293 F.3d 103, 108 (3d Cir. 2002).

2. The Clerk of Court is instructed to CLOSE this case.


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