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Ramon Aguilar v. Pacific Orthopedic Medical Group

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


November 14, 2012

RAMON AGUILAR,
PLAINTIFF
v.
PACIFIC ORTHOPEDIC MEDICAL GROUP, CLEMENT ALADE, P.R. CHANDRASEKARAN, MARSHALL S. LEWIS AND YOUNG N. PAIK, 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. 28), recommending that Dr. Chandrasekaran's motion to dismiss (Doc. 19) 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 Mannion (Doc. 28) are ADOPTED.

2. Dr. Chandrasekaran's motion to dismiss or transfer (Doc. 19) is GRANTED in part as set forth in paragraph 3 below and the remaining motions, set forth in Docs. 18 and 19, are dismissed as moot.

3. The Clerk of Court is directed to transfer the above-captioned case to the Eastern District of California.

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

CHRISTOPHER C. CONNER United States District Judge


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