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Scott J. Binsack, Sr v. Lackawanna County Prison

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


February 4, 2011

SCOTT J. BINSACK, SR.,
PLAINTIFF
v.
LACKAWANNA COUNTY PRISON,

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

ORDER

AND NOW, this 4th day of February, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 136), recommending that plaintiff's complaint (Doc. 1) be dismissed for failure to comply with Fed.R.Civ.P. 8(a) and for failure to file an amended complaint, 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 J. Andrew Smyser (Doc. 136) is ADOPTED in its entirety.

2. Plaintiff's complaint (Doc. 1) is DISMISSED for failure to comply with Fed.R.Civ.P. 8(a) and for failure to file an amended complaint.

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

CHRISTOPHER C. CONNER United States District Judge


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