IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
January 10, 2011
CAPTAIN C.M. VITT, DEFENDANT
The opinion of the court was delivered by: (Judge Conner)
AND NOW, this 10th day of January, 2011, upon consideration of the report and recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 36), recommending that defendant's motion for summary judgment (Doc. 31) be granted, 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. 36) is ADOPTED in its entirety.
2. Defendant's motion for summary judgment (Doc. 31) is GRANTED.
3. The Clerk of Court is directed to enter JUDGMENT in favor of Defendant and against Plaintiff and to CLOSE this matter.
CHRISTOPHER C. CONNER United States District Judge