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Christopher Allen Sones and Laura Ann Sones v. Lenard Simpson

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


January 4, 2011

CHRISTOPHER ALLEN SONES AND LAURA ANN SONES, PLAINTIFFS
v.
LENARD SIMPSON, DISTRICT ATTORNEY, SULLIVAN COUNTY, DEFENDANT

The opinion of the court was delivered by: (Judge Conner)

ORDER

AND NOW, this 4th day of January, 2011, upon consideration of the report of United States Magistrate Judge Martin C. Carlson (Doc. 2), recommending that plaintiffs' motion for leave to proceed in forma pauperis be granted but that the complaint (Doc. 1) be dismissed, with prejudice, because (1) 28 U.S.C. § 1443 does not permit removal of this state case to federal court, and (2) principles of federalism call upon us to abstain from entertaining a lawsuit which would compel us to intervene in restitution matters in a pending state criminal case, 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 Carlson (Doc. 2) is ADOPTED in its entirety.

2. Plaintiff's motion for leave to proceed in forma pauperis is GRANTED.

3. Plaintiff's complaint (Doc. 1) is dismissed, with prejudice. The Clerk of Court is directed to CLOSE this case.

CHRISTOPHER C. CONNER United States District Judge


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