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Harold Herrschaft v. Mary K. Smithson

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


December 1, 2010

HAROLD HERRSCHAFT,
PLAINTIFF
v.
MARY K. SMITHSON, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 1st day of December, 2010, upon consideration of the report of United States Magistrate Judge Malachy E. Mannion (Doc. 7), recommending that the claims against all defendants, exception defendant Nagyma, be dismissed on the basis of quasi-judicial immunity, and the claim against defendant Nagyma be dismissed for failure to state a claim upon which relief can be granted, or in the alternative, as barred by the applicable statute of limitations, 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 of Magistrate Judge Mannion (Doc. 7) is ADOPTED in its entirety.

2. The claims against all defendants, except defendant Nagyma, are DISMISSED on the basis of quasi-judicial immunity and the claim against defendant Nagyma is DISMISSED for failure to state a claim upon which relief can be granted or, in the alternative, is barred by the applicable statute of limitations.

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

S/ Christopher C. Conner

CHRISTOPHER C. CONNER United States District Judge


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