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Jeffrey Thomas and Ishaye Thomas v. Mark Shutika and Commonwealth of Pennsylvania

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


September 13, 2012

JEFFREY THOMAS AND ISHAYE THOMAS, PLAINTIFFS
v.
MARK SHUTIKA AND COMMONWEALTH OF PENNSYLVANIA, DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 13th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 17), recommending that defendants' motion to dismiss (Doc. 8) 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 Carlson (Doc. 17) are ADOPTED.

3. Defendants' motion to dismiss (Doc. 8) is deemed WITHDRAWN and DISMISSED

4. The above-captioned case is REMANDED to Magistrate Judge Carlson for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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