IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
November 30, 2012
MIDDLETOWN BOROUGH POLICE DEPARTMENT, ET AL.., DEFENDANTS
The opinion of the court was delivered by: Judge Conner
AND NOW, this 30th day of November, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Martin C. Carlson (Doc. 17), recommending that plaintiff be granted leave to amend his complaint (Doc. 1), that the complaint be served upon the individual officers, and that Middletown Borough Police Department 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"), and the court noting that plaintiff filed an amended complaint on June 15, 2012 (Doc. 8), which does not address the deficiencies set forth in Judge Carlson's Report and Recommendation, it is hereby ORDERED that:
1. Plaintiff's motion for leave to file an amended complaint (Doc. 15) is GRANTED and the Clerk of Court is directed to file plaintiff's amended complaint (Doc. 15, Exh. 1) as a new document.
2. The allegations set forth in the amended complaint against the institutional defendant fail to state a claim upon which relief can be granted and Middletown Borough Police Department is hereby DISMISSED from this action. Further, leave to amend is DENIED as futile with respect to the police department. (See Doc. 17, p. 14).
3. The Clerk of Court is directed to provide all necessary documentation, including copies of the amended complaint, to the U.S. Marshals Office for service upon the individual officer defendants, Police Officer Andrew Crone, Police Officer Fure, and Police Sergeant Hiester, and the U.S. Marshals Office is hereby ORDERED to effect service.
4. The above-captioned case is REMANDED to Magistrate Judge Carlson for further proceedings.
CHRISTOPHER C. CONNER United States District Judge