Joel Aaron Silbermann v. Judge John Gembie

• Court: District Court, M.D. Pennsylvania
• Decided: November 6, 2025
• Docket: 4:25-cv-00904
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA JOEL AARON SILBERMANN, : Civil No. 4:25-CV-00904 : Plaintiff, : : v. : : JUDGE JOHN GEMBIE, : : Defendant. : Judge Jennifer P. Wilson ORDER Before the court is a report and recommendation of United States Magistrate Judge Susan E. Schwab recommending that this action be dismissed for failure to pay the filing fee or file a properly completed application for leave to proceed in forma pauperis. (Doc. 5.) No party has filed objections to the report and recommendation, resulting in the forfeiture of de novo review by this court.1 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,”

1 The court notes that Plaintiff filed a “motion to use paid funds as collateral.” (Doc. 6.) However, the motion neither addresses the requirements of the application for in forma pauperis filing status nor pays the filing fee. Fed. R. Civ. P. 72(b), advisory committee notes, the court finds that Judge Schwab’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. 5, is ADOPTED. 2) The “motion to use unpaid funds as collateral,” Doc. 6, is DENIED. 3) This action is DISMISSED WITHOUT PREJUDICE.

4) The Clerk of Court is directed to close this case. s/Jennifer P. Wilson JENNIFER P. WILSON United States District Judge Middle District of Pennsylvania Dated: November 6, 2025