IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
January 19, 2012
PENNSYLVANIA DEPARTMENT OF CORRECTIONS, ET AL., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 19th day of January, 2012, upon consideration of the Report and Recommendation of the Honorable J. Andrew Smyser (Doc. 74), recommending that plaintiff's motion for preliminary injunction (Doc. 63) be denied and that the case be scheduled for trial on the remaining Eighth Amendment claim, 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 the Report of Magistrate Judge Smyser (Doc. 74) is ADOPTED in part and DENIED in part as follows:
1. The Report is ADOPTED to the extent that it recommends that plaintiff's motion for preliminary injunction (Doc. 63) be denied and said motion is hereby DENIED.
2. Pursuant to the order dated January 18, 2012 (Doc. 81), granting Defendant Shiptoski's motion for extension of time to file dispositive motions until February 13, 2012, the recommendation that this case be scheduled for trial is REJECTED.
3. The above-captioned case is REMANDED to Magistrate Judge Smyser for further proceedings, including review of any dispositive motions filed on or before February 13, 2012.
CHRISTOPHER C. CONNER United States District Judge