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Christopher A. Ireland v. Pa Board of Probation and Parole

May 10, 2012

CHRISTOPHER A. IRELAND,
PLAINTIFF
v.
PA BOARD OF PROBATION AND PAROLE, ET AL., DEFENDANTS



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

ORDER

AND NOW, this 10th day of May, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 65), recommending that (1) the motion to dismiss the amended complaint by defendants Brungart, Durst, PA Board of Probation & Parole, PA Dept. of Corrections, Records Officer and SCI Rockview (Doc. 31) be granted, (2) the motion to dismiss the amended complaint by defendants Hamm, Burkholder, Goss, Lamas, Miller, Morningstar, Thompson and McGinnis (Doc. 57) be granted, (3) plaintiff's motion to amend/correct (Doc. 45) be denied, (4) defendant Board Agent Johnson be dismissed, and (5) plaintiff's complaint (Doc. 28) 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 Mannion (Doc. 65) are ADOPTED.

2. The motion to dismiss the amended complaint by defendants Brungart, Durst, PA Board of Probation & Parole, PA Dept. of Corrections, Records Officer and SCI Rockview (Doc. 31) is GRANTED.

3. The motion to dismiss the amended complaint by defendants Hamm, Burkholder, Goss, Lamas, Miller, Morningstar, Thompson and McGinnis (Doc. 57) is GRANTED.

4. Plaintiff's motion to amend/correct (Doc. 45) is DENIED.

5. Defendant Board Agent Johnson is DISMISSED from the action.

6. Plaintiff's complaint (Doc. 28) is DISMISSED without prejudice.

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

CHRISTOPHER C. CONNER United States ...


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