IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
March 8, 2011
DOROTHY MAE ROBINSON, J.S.R. AND D.R., PLAINTIFFS :
UNITED STATES OF AMERICA, JOHN MCCANN, USA, TIMOTHY CROWLEY, DEA, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 8th day of March, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 62), recommending that plaintiffs' action be dismissed for failure to file an amended complaint in accordance with this court's December 10, 2010, order, and recommending that defendants' motion to dismiss (Doc. 60) 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 Smyser (Doc. 62) is ADOPTED in its entirety.
2. The above-captioned action is DISMISSED for failure to file an amended complaint.
3. Defendants' motion to dismiss (Doc. 60) is GRANTED.
4. The Clerk of Court is directed to CLOSE this matter.
CHRISTOPHER C. CONNER United States District Judge