Capozzi v. Pennsylvania Board Probation & Parole

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

FRANK JAMES CAPOZZI, SR., : Civil No. 3:17-cv-2102

:

Plaintiff, :

:

v. :

:

PENNSYLVANIA BOARD :

PROBATION & PAROLE, et al., :

:

Defendants. : Judge Sylvia H. Rambo

O R D E R

Before the court is a report and recommendation of the magistrate judge in

which she recommends that the court grant Defendants’ motion to dismiss the

complaint. Objections to the report and recommendation were due on August 12,

2019, and to date no objections have been filed.

In considering whether to adopt a report and recommendation when no

objections have been filed, the court should, as a matter of good practice, “satisfy

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., 702 F. Supp. 2d 465, 469 (M.D. Pa. 2010)

(explaining that judges should review dispositive legal issues raised by the report for

clear error). Following an independent review of the record, the court is satisfied

that the report and recommendation contains no clear error and will therefore adopt

the recommendation.

Accordingly, IT IS HEREBY ORDERED AS FOLLOWS:

1) The report and recommendation of the magistrate judge (Doc. 19) is

ADOPTED.

2) Defendants’ motion to dismiss the complaint (Doc. 16) is GRANTED.

3) Plaintiff is HEREBY GRANTED leave to file an amended complaint that

clarifies the bases of his claims and cure the pleading deficiencies outlined

in the report and recommendation within 30 days of the date of this order.

4) This matter is HEREBY REMANDED to the magistrate judge for any

further proceedings.

s/Sylvia H. Rambo

Sylvia H. Rambo

United States District Judge

Dated: September 11, 2019