Colbert v. Capital One Bank (USA), N.A. et al

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DEVON COLBERT,
Plaintiff,
v.
CAPITAL ONE BANK (USA) N.A.,
et al.,
Defendants.
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Civil No. 1:25-CV-01939
Judge Jennifer P. Wilson
MEMORANDUM
Before the court is the report and recommendation of United States
Magistrate Judge Martin C. Carlson recommending that the court dismiss this
action without prejudice for failure to make timely service as required by Federal
Rule of Civil Procedure 4 despite given ample opportunity to do so. (Doc. 11.) 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
Carlson’s analysis is well-reasoned and fully supported by the record and
Case 1:25-cv-01939-JPW Document 12 Filed 10/15/26 Page 1 of 2

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applicable law. Accordingly, the court will adopt the report and recommendation,
Doc. 11, and dismiss the action without prejudice. An appropriate order follows.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: October 15, 2026
Case 1:25-cv-01939-JPW Document 12 Filed 10/15/26 Page 2 of 2