Opinion
4:22-CV-01891
08-11-2023
VANN L. BAILEY, Plaintiff, v. K. KAUFFMAN, et al., Defendants.
Mehalchick Chief Magistrate Judge.
ORDER
MATTHEW W. BRANN CHIEF UNITED STATES DISTRICT JUDGE.
Vann L. Bailey and several co-plaintiffs previously filed a civil rights complaint-which was amended three times-alleging that their rights were violated by Defendants as related to the conditions of confinement at Pennsylvania State Correctional Institution Huntingdon. Bailey's co-plaintiffs were severed from this matter, and Bailey was directed to file a fourth amended complaint. Bailey did not file a fourth amended complaint but, instead, filed a motion for a preliminary injunction.
Docs. 1, 35, 72, 101, 102, 104, 108.
Doc. 223.
Doc. 225.
In June 2023, Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court deny the motion for a preliminary injunction and direct Bailey to file a fourth amended complaint. After receiving an extension of time, Bailey filed timely “objections” to the Report and Recommendation, although the purported objections are entirely unresponsive to the Report and Recommendation.
Doc. 230.
Doc. 232.
See Doc. 233.
“If 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.'”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. After reviewing the record, the Court finds no error-clear or otherwise-in Chief Magistrate Judge Mehalchick's conclusion that a preliminary injunction is unwarranted, and that Bailey should be directed to file a fourth amended complaint. Accordingly, IT IS HEREBY ORDERED that:
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)).
28 U.S.C. § 636(b)(1); Local Rule 72.31.
1. Chief Magistrate Judge Karoline Mehalchick's Report and Recommendation (Doc. 230) is ADOPTED;
2. Bailey's motion for a preliminary injunction (Doc. 225) is DENIED;
3. Bailey SHALL FILE an all-inclusive fourth amended complaint on or before Friday, August 25, 2023. The failure to file a timely amended complaint will result in the dismissal with prejudice of Bailey's case; and
4. This matter is REMANDED to Chief Magistrate Judge Mehalchick for further proceedings.