IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
December 11, 2012
LINDA M. HAGERMAN AND HOWARD R. HAGERMAN, A/K/A BILL HAGERMAN, WIFE AND HUSBAND,
ANADARKO E & P CO., LP, JIM BOURBEAU LAND SERVICE, LLC, AND DAVID K. SHIPE, A/K/A DAVE SHIPE, DEFENDANTS
The opinion of the court was delivered by: Christopher C. Conner United States District Judge
AND NOW, this 11th day of December, 2012, upon consideration of the Report and Recommendation of United States Magistrate Judge Thomas M. Blewitt (Doc. 32), recommending that defendant Anardarko's motion to dismiss Count V 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 Blewitt (Doc. 32) are ADOPTED.
2. Defendant Anadarko E & P Co., LP's, Motion (Doc. 16) to Dismiss Count V of Plaintiff's Complaint is GRANTED and Count V is DISMISSED without prejudice.
3. The above-captioned case is REMANDED to Magistrate Judge Blewitt for further proceedings.