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Jackson v. Mase

United States District Court, M.D. Pennsylvania

August 21, 2014

DEONTRAE JACKSON, Plaintiff,
v.
JONATHAN CONFER and THOMAS MASE, Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 21st day of August, 2014, upon consideration of the request (Doc. 8) filed by pro se plaintiff Deontrae Jackson ("Jackson") seeking to voluntarily withdraw the complaint (Doc. 1) in the above-captioned matter, and further upon consideration of the report and recommendation (Doc. 11) of Magistrate Judge Susan E. Schwab, wherein Judge Schwab recommends the court grant Jackson's motion (Doc. 5) seeking to proceed in forma pauperis and grant Jackson's request to withdraw his complaint (Doc. 1), but deny his request for a refund of the portion of the filing fee already deducted from his prisoner account, and following an independent review of the petition, the court agreeing with Judge Schwab's proposed disposition of Jackson's request, and it appearing that Jackson has not 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 (Doc. 11) of Magistrate Judge Susan E. Schwab is ADOPTED in its entirety.
2. Plaintiff's second motion (Doc. 5) to proceed in forma pauperis is GRANTED and the first motion (Doc. 2) to proceed in forma pauperis is DENIED as moot.
3. The complaint (Doc. 1) is deemed WITHDRAWN without prejudice.
4. The Clerk of Court shall CLOSE this case.

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