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Zack Brown v. Earl Reitz

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


March 8, 2011

ZACK BROWN,
PLAINTIFF
v.
EARL REITZ, WARDEN, CUMBERLAND COUNTY PRISON, HEALTH SERVICES ADMINISTRATORS AND PRIME CARE MEDICAL INC., 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.9) to which no objections were filed, recommending that plaintiff's complaint be dismissed pursuant to 28 U.S.C. § 1915,*fn1 and following an independent review of the record, the court finding Judge Blewitt's analysis to be thorough and well-reasonedand that there is no clear error on the face of the record,*fn2 see Nara v. Frank, 488F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report andrecommendation] in a civil proceeding may result in forfeiture of de novo review atthe district court level"), and that plaintiff is unable to cure the deficiencies of thecomplaint through amendment thereby rendering any grant of leave to amendfutile, it is hereby ORDERED that:

1. The report and recommendation of the magistrate judge (Doc. 9) are ADOPTED.

2. The applications to proceed in forma pauperis (Docs. 2, 6) are GRANTED for the sole purpose of the filing of the action.

3. The complaint is DISMISSED with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii).

4. The Clerk of Court is directed to CLOSE the case.

5. Any appeal from this order is DEEMED frivolous and not in good faith. See 28 U.S.C. § 1915(a)(3).

CHRISTOPHER C. CONNER United States District Judge


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