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Allen Kelly v. Robert J. Karnes

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


October 25, 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 25th day of October, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 42) recommending that plaintiff's motion for leave to further proceed in forma pauperis be denied and plaintiff's in forma pauperis complaint 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. 42) are ADOPTED.

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

3. Plaintiff's in forma pauperis complaint is DISMISSED.

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

CHRISTOPHER C. CONNER United States District Judge


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