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Washam v. Stengel

United States District Court, Third Circuit

December 5, 2013

THOMAS WASHAM, Plaintiff,
v.
JUDGE LAWRENCE STENGEL, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 5th day of December, 2013, upon consideration of the report of Chief Magistrate Judge Martin C. Carlson (Doc. 3), recommending that the court grant plaintiff leave to proceed in forma pauperis, but further recommending that the court dismiss his complaint (Doc. 1) without leave to amend, and, following an independent review of the record, it appearing to the court that the plaintiff's complaint is indeed as unintelligible and devoid of factual support as described by the magistrate judge, and it also appearing that amendment would not cure the deficiencies identified in the report, see Fletcher-Hardee Corp. v. Pote Concrete Contractors , 482 F.3d 247, 253 (3d Cir. 2007) (observing that leave to amend should ordinarily be granted unless amendment would be futile or result in undue delay), and it further appearing that neither party has objected to the report, and that there is no clear error on the face of the record, [1] 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 of the magistrate judge (Doc. 3) is ADOPTED in its entirety.
2. Plaintiff is GRANTED leave to proceed in forma pauperis.
3. Plaintiff's complaint (Doc. 1) is DISMISSED with prejudice.
4. Any appeal from this order is deemed to be frivolous and not taken in good faith. See 28 U.S.C. ยง 1915(a)(3).
5. The Clerk of Court is directed to CLOSE this case.

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