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Gerald Scott v. David J. Ebbert

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


August 9, 2011

GERALD SCOTT,
PLAINTIFF
v.
DAVID J. EBBERT, MS. HUNTER, MS. DEWALD, LT. STAHL AND J. HALL, DEFENDANTS

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

ORDER AND NOW, this 9th day of August, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge J. Andrew Smyser (Doc. 39), recommending that defendants' motion (Doc. 25) to dismiss and for summary judgment 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 and Recommendation of Magistrate Judge Smyser (Doc. 39) are ADOPTED.

2. Defendants' motion to dismiss and for summary judgment (Doc. 25) is GRANTED. The Clerk of Court is directed to enter JUDGMENT in favor of defendants and against plaintiff.

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

CHRISTOPHER C. CONNER United States District Judge


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