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Allen Kelly v. Robert J. Karnes

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


October 24, 2011

ALLEN KELLY,
PLAINTIFF
v.
ROBERT J. KARNES, ET AL., DEFENDANTS

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

ORDER

AND NOW, this 24th day of October, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 41) recommending that defendants' motion to dismiss (Doc. 26) be granted in part and denied in part, 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. 41) are ADOPTED.

2. Defendants' motion to dismiss (Doc. 26) is GRANTED in part and DENIED in part as follows:

a. The motion is GRANTED with respect to all claims against Defendants Karnes, Santiago, Barry, Gerdes, Derr, Verna and Van Dusen, and these claims are hereby DISMISSED

b. The motion is DENIED with respect to plaintiff's claim for First Amendment retaliation against Defendant Hauck.

CHRISTOPHER C. CONNER United States District Judge


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