UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF PENNSYLVANIA

DARRYL PARKMAN, :

Plaintiff : CIVIL ACTION NO. 3:21-1371

v. : (JUDGE MANNION)

CARBONDALE POLICE : DEPARTMENT, et al., : Defendants :

O R D E R

Pending before the court is the report of Magistrate Judge Joseph F. Saporito, Jr., which recommends that the plaintiff’s complaint be dismissed, with prejudice, for failure to state a claim upon which relief can be granted. (Doc. 27). The parties have failed to file objections to the report and recommendation. Where no objection is made to a report and recommendation, the court should, as a matter of good practice, Asatisfy itself that there is no clear error on the face of the record in order to accept the recommendation.@ Fed. R. Civ. P. 72(b), advisory committee notes; see also Univac Dental Co. v. Dentsply Intern., Inc.,

(M.D.Pa. 2010) (citing Henderson v. Carlson,

(3d Cir. 1987) (explaining judges should give some review to every report and recommendation)). Nevertheless, whether timely objections are made or not, the district court

may accept, not accept, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. 28 U.S.C. '636(b)(1); Local Rule 72.31.

Upon review of the record, including the plaintiff’s complaint, exhibits attached thereto, exhibits subsequently filed by the plaintiff, and Judge Saporito’s report and recommendation, the court finds no clear error of record. Moreover, the court agrees with the sound reasoning which led

Judge Saporito to his conclusions. As such, the court will adopt the report and recommendation in its entirety. NOW, THEREFORE, IT IS HEREBY ORDERED THAT:

(1) The report and recommendation of Judge Saporito (Doc. 27) is ADOPTED IN ITS ENTIRETY as the decision of the court. (2) The plaintiff’s complaint (Doc. 1) is DISMISSED WITH PREJUDICE for failure to state a claim upon which relief can be

granted. (3) The Clerk of Court is directed to CLOSE THIS CASE.

s/ Malachy E. Mannion MALACHY E. MANNION United States District Judge

DATE: June 27, 2022 21-1371 -01