McClain v. Pennsylvania Department of Corrections

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA RALPH MCCLAIN, : Civil No. 1:19-cv-1951 : Plaintiff, : : (Judge Sylvia H. Rambo) v. : : PENNSYLVANIA DEPARTMENT : OF CORRECTIONS, et al., : : Defendants. : O R D E R AND NOW, this 25th day of April, 2024, upon consideration of Magistrate Judge Bloom’s Report and Recommendation (Doc. 178) recommending that the defendants’ motion to dismiss (Doc. 154) be granted, and noting that the parties have not filed objections to the Report and Recommendation and the time for doing so has passed, and the court having satisfied itself that there is no clear error on the face of the record, 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), IT IS HEREBY ORDERED as follows: 1) The Report and Recommendation (Doc. 178) is ADOPTED; 2) The motion to dismiss (Doc. 154) is GRANTED; 3) The fourth amended complaint is DISMISSED WITH PREJUDICE; and 4) The Clerk of Court is DIRECTED to close this case.

s/Sylvia H. Rambo SYLVIA H. RAMBO United States District Judge