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Foster v. Mills

United States District Court, Middle District of Pennsylvania

January 23, 2015

LA-NANE LEE BANKS WOODS FOSTER, Plaintiff
v.
ATTORNEY GREG MILLS, et al., Defendants

ORDER

CHRISTOPHER C. CONNER, CHIEF JUDGE

AND NOW, this 23rd day of January, 2015 upon consideration of the report (Doc. 5) of Chief Magistrate Judge Martin C. Carlson, wherein the magistrate judge recommends the court dismiss plaintiff’s pro se complaint (Doc. 1) without prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii) (“[T]he court shall dismiss the case at any time if the court determines that . . . the action or appeal . . . fails to state a claim on which relief may be granted.”), 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 (Doc. 5) of Chief Magistrate Judge Carlson is ADOPTED.

2. Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice.

3. Plaintiff is GRANTED leave to amend her pleading within fourteen (14) days. If plaintiff fails to file a curative amended pleading within fourteen (14) days of the date of this order, the Clerk of Court shall close this case.

4. Any amended pleading filed pursuant to paragraph 3 shall be filed to the same docket number as the instant action, shall be entitled “First Amended Complaint, ” and shall be complete in all respects. It shall be a new pleading which stands by itself as an adequate complaint without reference to the complaint (Doc. 1) hereinabove dismissed.

5. Any appeal from this order is deemed to be frivolous and not taken in good faith. See 28 U.S.C. § 1915(a)(3).


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