IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
December 1, 2011
KYLE KEMP AND DANIEL SHEATZLE, DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 1st day of December, 2011, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 13), recommending that defendant's motion to dismiss (Doc. 2) 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 Carlson (Doc. 13) are ADOPTED.
2. Defendant's motion to dismiss (Doc. 2) is GRANTED, as follows:
a. Plaintiff's claims regarding the searches of his cell at the LCCF are DISMISSED with prejudice.
b. Plaintiff's claims regarding the strip searches of his person at the LCCF are DISMISSED without prejudice.
c. Plaintiff's claims for injunctive relief are DISMISSED as MOOT.
3. The Clerk of Court is directed to CLOSE this case.
CHRISTOPHER C. CONNER United States District Judge