Muhammad v. City of Lewisburg, PA

District Court, M.D. Pennsylvania

Muhammad v. City of Lewisburg, PA

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA TARIQ MUHAMMAD, : Civil No. 4:21-CV-0284 : Plaintiff, : : : v. : Judge Jennifer P. Wilson : : CITY OF LEWISBURG, PA, et al., : : Defendants. : Magistrate Judge William I. Arbuckle AMENDED ORDER Before the court is the report and recommendation of United States Magistrate Judge William I. Arbuckle recommending that the complaint be dismissed against Defendants “TMJ, Terry Truck Repair” and “Union County Board of Trustees” without prejudice pursuant to Federal Rule of Civil Procedure 4(m). (Doc. 113.) No party has filed objections to the report and recommendation, resulting in the forfeiture of de novo review by this court. Nara v. Frank,

488 F.3d 187, 194

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

812 F.2d 874

, 878–79 (3d Cir. 1987)). Following an independent review of the report and record, and affording “reasoned consideration” to the uncontested portions of the report, EEOC v. City of Long Branch,

866 F.3d 93, 100

(3d Cir. 2017) (quoting Henderson,

812 F.2d at 879

), to “satisfy [the court] that there is no clear error on the face of the record,” Fed. R. Civ. P. 72(b), advisory committee notes, the court finds that Judge

Arbuckle’s analysis is well-reasoned and fully supported by the record and applicable law. Accordingly, IT IS ORDERED THAT: 1) The report and recommendation, Doc. 113, is ADOPTED in its

entirety. 2) Plaintiff’s complaint, Doc. 1, is DISMISSED without prejudice against Defendant TMJ Terry Truck Report and Defendant Union County Board of Trustees.

3) The Clerk of Court is directed to close this case.

s/Jennifer P. Wilson JENNIFER P. WILSON United States District Court Judge Middle District of Pennsylvania

Dated: March 8, 2023

Reference

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