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Kelley O'donnell v. Pennsylvania Department of Corrections

March 30, 2011

KELLEY O'DONNELL,
PLAINTIFF
v.
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS



The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 30th day of March, 2011, upon consideration of the Report and Recommendation of the Honorable J. Andrew Smyser, United States Magistrate Judge (Doc. 200), recommending that the defendants' motion for summary judgment (Doc. 177) be granted and the court decline to exercise supplemental jurisdiction over the negligence claim against defendant Day 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 and Recommendation of Magistrate Judge Smyser (Doc. 200) are ADOPTED.

2. Defendants' motion for summary judgment (Doc. 200) is GRANTED. The Clerk of Court is directed to enter JUDGMENT in favor of defendants Beard, Moore, Chamberlain, Lamas, Fiske, Diggan, Fultz, Torma, Shepler, Day and the Department of Corrections as to the remaining federal claims.

3. The court declines to exercise supplemental jurisdiction over the negligence claim against defendant Day.

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

Christopher C. Conner

CHRISTOPHER C. CONNER United States ...


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