Pew v. Ace

Full title: ALFONSO PERCY PEW, Plaintiff, v. CORRECTIONAL OFFICER ACE, et al.…

Court: United States District Court, Middle District of Pennsylvania

Date published: Sep 20, 2023

1:21-CV-01694 (M.D. Pa. Sep. 20, 2023)

Opinion

1:21-CV-01694

09-20-2023

ALFONSO PERCY PEW, Plaintiff, v. CORRECTIONAL OFFICER ACE, et al., Defendants.

Matthew W. Brann, Chief United States District Judge

ORDER

Matthew W. Brann, Chief United States District Judge

Alfonso Percy Pew, a Pennsylvania state prisoner, filed this civil rights complaint alleging that Defendants violated his rights by deploying pepper spray on a different inmate in a different cell at Pew's place of incarceration.¹ On August 28, 2023, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court grant Defendants' motion for summary judgment.²Pew has not filed timely objections to the Report and Recommendation.

1 Doc. 1.

2 Doc. 50.

Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.³ Conversely, “[i]f a party objects timely to a magistrate judge's report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.'”⁴ Regardless of whether timely objections are made, district courts may accept, reject, or modify-in whole or in part-the magistrate judge's findings or recommendations.⁵ Upon review of the record, the Court finds no error-clear or otherwise-in Magistrate Judge Carlson's recommendation that the Court grant summary judgment in Defendants' favor. Consequently, IT IS HEREBY ORDERED that:

3 Fed.R.Civ.P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed).

4 Equal Emp't Opportunity Comm'n v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017) (quoting 28 U.S.C. § 636(b)(1)).

5 28 U.S.C. § 636(b)(1); Local Rule 72.31.

1. Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 50) is ADOPTED;

2. Defendants' motion for summary judgment (Doc. 35) is GRANTED and judgment is entered in favor of Defendants; and

3. The Clerk of Court is directed to CLOSE this case.