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Jane Choate, Warren Choate v. Shayne Breaux

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


September 18, 2012

JANE CHOATE, WARREN CHOATE,
CO-ADMINISTRATORS OF THE ESTATE OF BROCK CHOATE,
PLAINTIFFS
v.
SHAYNE BREAUX, DEFENDANT

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

ORDER

AND NOW, this 18th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Mildred E. Methvin (Doc. 14), recommending that defendant's motion to dismiss (Doc. 7) be granted, 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 Methvin (Doc. 14) are ADOPTED.

2. Defendant's motion to dismiss (Doc. 7) is GRANTED for failure to join an indispensable party.

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

CHRISTOPHER C. CONNER United States District Judge


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