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Boatin v. Commonwealth Court of Pennsylvania

United States District Court, M.D. Pennsylvania

March 25, 2015

COLIN CHRISTOPHER BOATIN, Plaintiff,
v.
COMMONWEALTH COURT OF PENNSYLVANIA, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 25th day of March, 2015, upon consideration of the report (Doc. 7) of Magistrate Judge Karoline Mehalchick, recommending the court dismiss pro se plaintiff's complaint (Doc. 1) as legally and factually frivolous, see 28 U.S.C. § 1915(e)(2)(B)(i) (providing that "the court shall dismiss the case at any time if the court determines that... the action or appeal... is frivolous or malicious"), and following an independent review of the record, it appearing that plaintiff did not object 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. 7) of Judge Mehalchick is ADOPTED.
2. Plaintiff's complaint (Doc. 1) is DISMISSED.
3. The Clerk of Court is directed to CLOSE this case.
4. 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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