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Rorke v. Rorke

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


November 8, 2010

JACSON A. RORKE, PLAINTIFF
v.
JESSICA G. RORKE, COREY KLINEDINST, AND ATTORNEY LEANNE M. MILLER, DEFENDANTS

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

(Judge Conner)

ORDER

AND NOW, this 8th day of November, 2010, upon consideration of the report of the magistrate judge (Doc. 3) recommending that plaintiff's complaint be dismissed to the extent it was brought pursuant to a § 1983 claim, and, following an independent review of the record, it appearing 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. 3) of the magistrate judge is ADOPTED.

2. Plaintiff's motion to proceed in forma pauperis (Doc. 2) is GRANTED.

3. Plaintiff's complaint is DISMISSED to the extent that it is brought pursuant to § 1983; and

4. The instant action is REMANDED to the magistrate judge for further factual development of plaintiff's ADA claim.


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