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Taylor v. Sovereign/Santander Bank

United States District Court, M.D. Pennsylvania

February 23, 2015

JUNE TAYLOR, Plaintiff,
v.
SOVEREIGN/SANTANDER BANK, Defendant.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 23rd day of February, 2015, upon consideration of the report (Doc. 5) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant pro se plaintiff's motion (Doc. 2) for leave to proceed in forma pauperis but dismiss plaintiff's complaint for failure to state a claim for which relief may be granted, [1] (see id. at 8-12), and further recommending, in an abundance of caution, that such dismissal be without prejudice to plaintiff's ability to file an amended complaint in attempt to cure the deficiencies in her initial pleading as identified in the magistrate judge's report, (see id. at 13), and following an independent review of the record, it appearing that plaintiff did not object to the report, [2] and that there is no clear error on the face of the record, [3] 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 Judge Carlson is ADOPTED.
2. Plaintiff's motion (Doc. 2) is GRANTED.
3. Plaintiffs' complaint (Doc. 1) and amended complaint (Doc. 6) are DISMISSED with prejudice.
4. The Clerk of Court is directed to CLOSE this case.
5. Any appeal from this order is deemed to be frivolous and not taken in good faith. See 28 U.S.C. ยง 1915(a)(3).

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