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Jimmy Murphy v. Mifflin County Regional Police Dept.

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


September 14, 2011

JIMMY MURPHY,
PLAINTIFF
v.
MIFFLIN COUNTY REGIONAL POLICE DEPT., CPL.
ROBERT L. HAINES, JR., LT.
STEVE KNUDSON, PTLM. ETTINGER, AND CHIEF WILLIAM HERKERT, JR., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER AND NOW, this 14th day of September, 2011, upon consideration of the Report and Recommendation (Doc. 86) of United States Magistrate Judge Malachy E. Mannion, recommending that Defendant Mifflin County Regional Police Department's motion for summary judgment (Doc. 68) 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 Mannion (Doc. 86) are ADOPTED.

2. Defendant Mifflin County Regional Police Department's motion for summary judgment (Doc. 68) is GRANTED. The Clerk of Court is directed to enter JUDGMENT in favor of defendant Mifflin County Regional Police Department and against plaintiff.

3. This matter is REMANDED to the Honorable Malachy E. Mannion for pretrial proceedings and trial upon consent therefor.

CHRISTOPHER C. CONNER United States District Judge


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