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Nicholls v. Bnccorp, Inc.

United States District Court, M.D. Pennsylvania

December 22, 2014

JAMES NICHOLLS, et al.,
v.
BNCCORP, INC., et al., Plaintiffs Defendants

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 22nd day of December, 2014, upon consideration of the report (Doc. 5) of Chief Magistrate Judge Martin C. Carlson, recommending the court dismiss plaintiffs' complaint for failure to make timely service pursuant to Federal Rule of Civil Procedure 4, (see id. at 4-5), and following an independent review of the record, the court in agreement that plaintiffs have failed to effect timely and proper service despite the court's order (Doc. 4) of October 24, 2014, directing plaintiffs to do so, 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 the failure to timely object "may result in forfeiture of de novo review at the district court level"), it is hereby

ORDERED that:

1. The report (Doc. 5) of Chief Magistrate Judge Martin C. Carlson is ADOPTED in its entirety.
2. Plaintiffs' complaint (Doc. 1) is DISMISSED without prejudice.
3. The Clerk of Court is directed to CLOSE this case.

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