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Corliveetho Mcmillian v. Jerome Walsh

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


September 10, 2012

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

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

ORDER

AND NOW, this 10th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 34), recommending that plaintiff's amended complaint (Doc. 29) be dismissed with prejudice as to supervisory defendants and with respect to claims involving verbal harassment, and that the remaining defendants be served with the amended complaint, 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. 34) are ADOPTED.

2. Plaintiff's amended complaint (Doc. 29) is DISMISSED with prejudice as to supervisory defendants, Defendants Walsh, Robin and Moiser, and as to those claims involving verbal harassment by Correctional Officer Care and the filing of allegedly false misconduct reports by an unnamed correctional officer.

3. As to the remaining defendants and claims, the above-captioned case is REMANDED to Magistrate Judge Carlson for appropriate resolution of service of the amended complaint and pretrial case management.

CHRISTOPHER C. CONNER United States District Judge


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