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Brett v. Beard

United States District Court, M.D. Pennsylvania

February 19, 2014

FRANK BRETT, Plaintiff
v.
JEFFREY BEARD, et al., Defendants

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 19th day of February, 2013, upon consideration of the report of Magistrate Judge Karoline Mehalchick (Doc. 7), recommending the court deny the plaintiff's motion (Doc. 3) to file documents under seal and dismiss plaintiff's complaint (Doc. 1) without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) for failure to state a claim for which relief can be granted, and, following an independent review of plaintiff's complaint, the court agreeing with the magistrate judge that the pleading is largely incoherent and fails to state any claim for relief, 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. 9) is ADOPTED in its entirety.
2. The motion (Doc. 3) to seal documents is DENIED.
3. Plaintiff's complaint (Doc. 1) is DISMISSED without prejudice. See 28 U.S.C. § 1915(e)(2)(B)(ii).
4. Plaintiff may file an amended complaint within thirty (30) days of the date of this order. Any amended complaint must be titled as an amended complaint and must contain the docket number of this case. Any amended complaint must be complete in all respects. It must be a new pleading which stands by itself as an adequate complaint without reference to the complaint already filed and dismissed. See Local Rule of Court 15.1.
5. In the event that plaintiff does not file an amended pleading within thirty (30) days, the Clerk of Court shall close this case.

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