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Allen Kelly v. Lebanon County Commissioners

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


September 15, 2011

ALLEN KELLY,
PLAINTIFF
v.
LEBANON COUNTY COMMISSIONERS, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

(Judge Conner)

ORDER

AND NOW, this 15th day of September, 2011, upon consideration of the report and recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 12), recommending that plaintiff's motion for leave to proceed in forma pauperis be granted, but that the prayers for injunctive relief be dismissed, 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 Carlson (Doc. 12) are ADOPTED.

2. Plaintiff's motion for leave to proceed in forma pauperis is GRANTED.

3. The prayers for injunctive relief set forth in plaintiff's complaint are DISMISSED as moot.

4. This matter is REMANDED to the Honorable Martin C. Carlson for pretrial proceedings and trial upon consent therefor.

Christopher C. Conner


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