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Dwayne L. Rieco v. William Hebe

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


November 14, 2012

DWAYNE L. RIECO,
PLAINTIFF
v.
WILLIAM HEBE, ET AL., DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 14th day of November, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Malachy E. Mannion (Doc. 6), recommending that claims against Defendants McCoy, Nasek and Dalton, Jr., 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. 6) are ADOPTED.

2. Pursuant to 28 U.S.C. § 1915(e)(2)(B), claims against Defendant Richard McCoy are DISMISSED.

3. Pursuant to 28 U.S.C. § 1915(e)(2)(B), claims against Defendant Anne Marie Nasek are DISMISSED.

4. Pursuant to 28 U.S.C. § 1915(e)(2)(B), claims against Defendant Judge Robert E. Dalton, Jr., are DISMISSED.

5. The above-captioned case is REMANDED to Magistrate Judge Mannion for further proceedings.

CHRISTOPHER C. CONNER United States District Judge


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