Garcia v. Dauphin County for Children and Youth

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
NICOLE LYNN GARCIA,
Plaintiff,
v.
DAUPHIN COUNTY FOR CHILDREN
AND YOUTH, et al.,
Defendants.
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Civil No. 1:25-CV-00693
Judge Jennifer P. Wilson
MEMORANDUM
Before the court is the report and recommendation of United States
Magistrate Judge Leo A. Latella recommending that Plaintiff’s second amended
complaint be dismissed with prejudice pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)
without further leave to amend. (Doc. 19.) 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
Latella’s analysis is well-reasoned and fully supported by the record and applicable
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law. Accordingly, the court will adopt the report and recommendation, Doc. 19,
and dismiss Plaintiff’s second amended complaint, Doc. 16, with prejudice. An
appropriate order follows.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: February 17, 2026
Case 1:25-cv-00693-JPW Document 20 Filed 02/17/26 Page 2 of 2