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Pogasic v. Donahoe

United States District Court, Third Circuit

December 16, 2013

ROBERT POGASIC, Plaintiff,
v.
PATRICK R. DONAHOE, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 16th day of December, 2013, upon consideration of the report of Magistrate Judge Susan E. Schwab (Doc. 24) in this employment discrimination matter, recommending that the court deny defendant's motion (Doc. 15) to the extent it seeks dismissal of plaintiff's complaint (Doc. 1) for improper and untimely service but grant the motion to the extent it seeks summary judgment in defendant's favor because plaintiff failed to timely commence this action within ninety (90) days after receiving notice of the Equal Employment Opportunity Commission's denial of his claim, see 42 U.S.C. § 2000e-16(c) (time-barring actions if not filed "within 90 days of receipt of notice of final action taken by administrative agency), and, following an independent review of the record before this court and the administrative agency, this court agreeing with the magistrate judge that plaintiff's cause of action is time-barred, and it 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. 24) is ADOPTED in its entirety.
2. Defendant's motion (Doc. 15) for summary judgment is GRANTED to the extent it seeks a determination the defendant is entitled to judgment as a matter of law because plaintiff's cause of action is time-barred pursuant to 42 U.S.C. § 2000e-16(c). The motion is DENIED in all other respects.
3. Judgment is ENTERED in favor of the defendant.
4. The Clerk of Court is DIRECTED to close this case.

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