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James Edward Coggins v. Murrays Freightliner and Freightliner of Harrisburg

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


January 24, 2011

JAMES EDWARD COGGINS,
PLAINTIFF
v.
MURRAYS FREIGHTLINER AND FREIGHTLINER OF HARRISBURG, DEFENDANTS

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

ORDER

AND NOW, this 24th day of January, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 5), recommending that plaintiff's complaint be dismissed on lack of subject-matter jurisdiction and that the case be closed, 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 Smyser (Doc. 5) is ADOPTED in its entirety.

2. Plaintiff's complaint is DISMISSED based on lack of subject-matter jurisdiction.

3. The Clerk of Court is directed to CLOSE this matter.

CHRISTOPHER C. CONNER United States District Judge


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