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Prince Eggleston v. Robin Lewis

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


November 14, 2012

PRINCE EGGLESTON,
PLAINTIFF
v.
ROBIN LEWIS, CHARLES MITCHELL, K. STEVENS AND JAMES BOOHER,
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 Martin C. Carlson (Doc. 14), recommending that all claims in petitioner Prince Eggleston's amended complaint (Doc. 11), be dismissed with prejudice, except those related to his disciplinary retaliation claim, 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. 14) are ADOPTED.

2. All claims in petitioner's amended complaint (Doc. 11), except those related to his disciplinary retaliation claim, are DISMISSED with prejudice.

3. The Clerk of Court is DIRECTED to provide service copies of the amended complaint (Doc. 11) to the United States Marshal for service on Charles Mithcell, K. Stevens and James Booher.

4. The request for an amended complaint (Doc. 15) is STRICKEN from the record as untimely and moot.

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

CHRISTOPHER C. CONNER United States District Judge


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