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Gregory Tate v. Commonwealth of Pennsylvania

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


September 24, 2012

GREGORY TATE,
PLAINTIFF
v.
COMMONWEALTH OF PENNSYLVANIA, DEFENDANT

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

ORDER

AND NOW, this 24th day of September, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 21), recommending that plaintiff's second amended complaint (Doc. 20) be dismissed with prejudice, 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. 21) are ADOPTED.

2. Plaintiff's second amended complaint (Doc. 20) is DISMISSED with prejudice.

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

CHRISTOPHER C. CONNER United States District Judge


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