Evans v. Lyons

District Court, M.D. Pennsylvania

Evans v. Lyons

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

GARY EVANS, : CIVIL ACTION NO. 1:20-CV-872 : Plaintiff : (Judge Conner) : v. : : JOSEPH LYONS, JR., et al., : : Defendants :

ORDER

AND NOW, this 13th day of October, 2020, upon consideration of the report (Doc. 5) of Magistrate Judge William I. Arbuckle, recommending that the court dismiss the above-captioned civil action without prejudice for failure to file a revised motion for leave to proceed in forma pauperis or pay the requisite filing fees, and it appearing that plaintiff has not objected to the report, see FED. R. CIV. P. 72(b)(2), and the court noting that failure of a party to timely object to a magistrate judge’s conclusions “may result in forfeiture of de novo review at the district court level,” Nara v. Frank,

488 F.3d 187, 194

(3d Cir. 2007) (citing Henderson v. Carlson,

812 F.2d 874, 878-79

(3d Cir. 1987)), but that, as a matter of good practice, a district court should afford “reasoned consideration” to the uncontested portions of the report, E.E.O.C. v. City of Long Branch,

866 F.3d 93, 100

(3d Cir. 2017) (quoting Henderson,

812 F.2d at 879

), in order to “satisfy itself that there is no clear error on the face of the record,” FED. R. CIV. P. 72(b), advisory committee notes, and, following an independent review of the record, the court agreeing with Judge Arbuckle’s analysis and recommendation, and concluding that there is no clear error on the face of the record, it is hereby ORDERED that: 1. The report (Doc. 5) of Magistrate Judge Arbuckle is ADOPTED.

2. Plaintiff’s complaint (Doc. 1) is DISMISSED without prejudice for failure to file a revised motion to proceed in forma pauperis or pay the requisite filing fees.

3. The Clerk of Court shall CLOSE this case.

/S/ CHRISTOPHER C. CONNER Christopher C. Conner United States District Judge Middle District of Pennsylvania

Reference

Status
Unknown