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Corliveetho Mcmillan v. Jerome Walsh

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


February 27, 2012

CORLIVEETHO MCMILLAN,
PLAINTIFF
v.
JEROME WALSH, ET AL., DEFENDANTS

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

ORDER

AND NOW, this 27th day of February, 2012, upon consideration of the Report and Recommendation of Magistrate Judge Martin C. Carlson (Doc. 13) recommending that plaintiff's motion for leave to proceed in forma pauperis (Doc. 11) be granted, and that plaintiff's complaint (Doc. 1) be dismissed with respect to defendant Walsh, 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 (Doc. 13) of Magistrate Judge Carlson are ADOPTED.

2. Plaintiff's motion for leave to proceed in forma pauperis (Doc. 11) is GRANTED.

3. Plaintiff's complaint (Doc. 1) is DISMISSED with respect to defendant Walsh, without prejudice to plaintiff endeavoring to correct the defects cited, provided that plaintiff acts within twenty (20) days of the date of this Order.

4. The instant action is REMANDED to the magistrate judge for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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