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Joe Wallace Peeples, Iii v. Counselor Matlack and Counselor Gallick

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


March 8, 2011

JOE WALLACE PEEPLES, III,
PLAINTIFF
v.
COUNSELOR MATLACK AND COUNSELOR GALLICK, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 8th day of March, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 57), recommending that defendants' summary judgment motion (Doc. 44) be granted and judgment be entered in favor of defendants and against plaintiff, and that plaintiff's summary judgment motion (Doc. 34) be denied, 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 Blewitt (Doc. 57) is ADOPTED in its entirety.

2. Defendants' summary judgment motion (Doc. 44) is GRANTED. The Clerk of Court is directed to enter JUDGMENT in favor of Defendants Matlack and Gallick and against plaintiff.

3. Plaintiff's summary judgment motion (Doc. 34) is DENIED.

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

CHRISTOPHER C. CONNER United States District Judge


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