Opinion
CIVIL 3:22-cv-0809
11-06-2023
CARLOS PEREIRA BENITEZ, Plaintiff, v. UNITED STATES, et al., Defendants.
ORDER
SYLVIA H. RAMBO, United States District Judge.
Before the court is the report and recommendation of Chief United States Magistrate Judge Karoline Mehalchick (Doc. 19) recommending that court grant the motion to dismiss and for summary judgment (Doc. 15) filed by Defendants the United States, the Federal Bureau of Prisons, the National Gang Unit Agency, Security Investigation Service, and J. Meyers. 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 Mehalchick's analysis is well-reasoned and fully supported by the record and applicable law.
Accordingly, IT IS ORDERED as follows:
1) The report and recommendation (Doc. 19) is ADOPTED in its entirety.
2) The motion to dismiss and for summary judgment (Doc. 15) is GRANTED.
3) The Clerk of Court is directed to close this case.
4) The court declines to issue a certificate of appealability, as the plaintiff has failed to demonstrate a “substantial showing of the denial of a constitutional right.” 28 U.S.C. § 2253(c)(2); see also Buck v. Davis, 137 S.Ct. 759, 773-75 (2017); Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).