Opinion
1:22-CV-31
02-27-2024
TAYLOR COLEMAN, Plaintiff, v. SERGEANT HEIDER, et al, Defendants.
MEMORANDUM ORDER
SUSAN PARADISE BAXTER, UNITED STATES DISTRICT JUDGE
This action was received by the Clerk of Court on January 28, 2022. It was assigned and referred to Chief United States Magistrate Judge Richard A. Lanzillo, for report and recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72..3 and 72.1.4 of the Local Rules for Magistrate Judges.
A Report and Recommendation issued on November 17, 2023 was later vacated by Judge Lanzillo. See ECF No. 47; ECF No. 50.
Plaintiff, acting pro se, initiated this action arising out of his treatment at the hands of correctional officers at SCI Albion. Plaintiff claims that his constitutional rights were violated by Defendants.
Defendants filed a motion for summary judgment and Plaintiff opposed the motion. ECF No. 39; ECF No. 46. On February 6, 2024, Magistrate Judge Lanzillo issued an amended Report and Recommendation1 recommending that Defendants' motion be granted. ECF No. 51. Despite being given the opportunity to do so, no party has filed Objections to the Report and Recommendation.
After de novo xqniqvv of the Complaint and documents in the case, together with the amended Report and Recommendation, the following order is entered:
“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.”' EEOC v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017) quoting 28 U.S.C. § 636(b)(1). 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. 28 U.S.C. § 636(b)(1); Local Rule 72(D)(2).
AND NOW, this 27th day of February 2024, IT IS ORDERED that the motion for summary judgment filed by Defendants [ECF No. 39] is granted. Judgment will be granted in favor of Defendants and against Plaintiff. The Clerk is directed to close this case.
AND, IT IS FURTHER ORDERED that the amended report and recommendation of Chief Magistrate Judge Lanzillo, issued on February 6, 2024 [ECF No. 51] is adopted as the opinion of the court.