Buford v. Beasley ( 2020 )


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  • IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA GEORGE WILLIE BUFORD, : Civil No. 1:19-CV-00377 : Plaintiff, : : v. : Judge Jennifer P. Wilson : GENE BEASLEY, et al., : : Magistrate Judge Karoline Defendants. : Mehalchick ORDER Before the court is the report and recommendation of United States Magistrate Judge Karoline Mehalchick recommending that Plaintiff’s “voluntary withdrawal” be construed as a notice of voluntary dismissal, that this action be dismissed without prejudice, and that Plaintiff’s application to proceed in forma pauperis be denied as moot. (Doc. 21.) 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 Mehalchick’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. 21, is ADOPTED in its entirety; 2) Plaintiff’s August 26, 2019 submission styled “voluntary withdrawal,” Doc. 19, shall be construed as a notice of voluntary dismissal pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i); 3) This action is DISMISSED WITHOUT PREJUDICE at Plaintiff’s request pursuant to Federal Rule of Civil Procedure 41(a)(1); 4) Plaintiff’s pending application for leave to proceed in forma pauperis, Doc. 6, is DENIED AS MOOT; and 5) 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: June 23, 2020

Document Info

Docket Number: 1:19-cv-00377

Filed Date: 6/23/2020

Precedential Status: Precedential

Modified Date: 6/27/2024