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Stull v. Commonwealth

United States District Court, M.D. Pennsylvania

February 17, 2015

JOHN E. STULL, Plaintiff.
v.
THE COMMONWEALTH OF PENNSYLVANIA and THE DEPARTMENT OF STATE, BUREAU OF PROFESSIONAL AND OCCUPATIONAL AFFAIRS, Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 17th day of February, 2015, upon consideration of the report (Doc. 20) of Magistrate Judge Susan E. Schwab, recommending the court grant the defendants' motion (Doc. 9) to dismiss, wherein Judge Schwab specifically finds that defendants are entitled to Eleventh Amendment immunity and recommends dismissal of plaintiff's pro se complaint, and following an independent review of the record, and it appearing that plaintiff neither objected to the report nor opposed defendants' underlying motion to dismiss, [1] and that there is no clear error on the face of the record, [2] 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. 20) of Magistrate Judge Schwab is ADOPTED.
2. Defendants' motion (Doc. 9) is GRANTED and plaintiffs' complaint (Doc. 1) is DISMISSED without prejudice.
3. The Clerk of Court is directed to CLOSE this case.

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