Brizuela v. State Board of Osteopathic Medicine

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

FELIX BRIZUELA, : Civil No. 1:22-cv-1287

:

Plaintiff, :

: (Judge Sylvia H. Rambo)

v. :

:

STATE BOARD OF OSTEOPATHIC :

MEDICINE, :

:

Defendant. :

O R D E R

Before the court is Magistrate Judge Arbuckle’s Report and Recommendation

(Doc. 8) which recommends that Plaintiff Felix Brizuela’s amended complaint be

dismissed without leave to amend. No objections have been filed to the report.

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 and upon a careful

review of the report and recommendation, 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 (Doc. 8) is ADOPTED;

2) The amended complaint (Doc. 7) is DISMISSED WITH PREJUDICE;

3) The Clerk of Court is DIRECTED to close this case; and

4) Any appeal is deemed frivolous and not in good faith.

s/Sylvia H. Rambo

Sylvia H. Rambo

United States District Judge

Dated: March 9, 2023