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

DONALD E. CLARK, JR., : CIVIL ACTION NO. 1:20-CV-1402 : Plaintiff : (Judge Conner) : v. : : SGT. SCHWARTZ, et al., : : Defendants :

ORDER

AND NOW, this 13th day of January, 2021, upon consideration of the report (Doc. 11) of Magistrate Judge Schwab, issued following screening review of the pro se complaint (Doc. 1) of plaintiff Donald E. Clark, Jr., pursuant to

(e)(2), wherein Judge Schwab opines that Clark’s complaint fails to state a claim upon which relief may be granted because it is barred by res judicata, (see Doc. 11 at 7-10), and recommends that leave to amend be denied as futile, (see

), and it appearing that there are no objections 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,

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

(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,

(3d Cir. 2017) (quoting Henderson,

), 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 fully with Judge Schwab’s analysis and recommendation, and concluding that there is no clear error on the face of the record, it is hereby ORDERED that:

1. Magistrate Judge Schwab’s report (Doc. 11) is ADOPTED.

2. Clark’s complaint (Doc. 1) is DISMISSED without leave to amend.

3. Any appeal from this order is deemed to be frivolous and not taken in good faith. See

(a)(3).

4. The Clerk of Court shall close this case.

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