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Christopher Mark Sciarra v. Warden Dominick Derose

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


April 19, 2012

CHRISTOPHER MARK SCIARRA,
PLAINTIFF
v.
WARDEN DOMINICK DEROSE, DPTY. WARDEN ELIZABETH NICHOLS; RICK CALDWELL, MELANIE, MAJOR STEWART, AND LT. JOSEPH CARNAZZO, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 19th day of April, 2012, upon consideration of the Report and Recommendation of Magistrate Judge Malachy E. Mannion (Doc. 13) recommending that plaintiff's complaint (Doc. 1) 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 (Doc. 13) of Magistrate Judge Mannion are ADOPTED.

2. Plaintiff's complaint (Doc. 1) is DISMISSED.

3. Plaintiff's application to proceed in forma pauperis (Doc. 2) is GRANTED solely for the purpose of filing this action.

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

CHRISTOPHER C. CONNER United States District Judge


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