Davis v. Miller

Full title: DAMION G. DAVIS, Plaintiff, v. OFFICER MILLER, et al., Defendants.

Court: United States District Court, Middle District of Pennsylvania

Date published: Feb 10, 2023

1:18-CV-02286 (M.D. Pa. Feb. 10, 2023)

Opinion

1:18-CV-02286

02-10-2023

DAMION G. DAVIS, Plaintiff, v. OFFICER MILLER, et al., Defendants.

Matthew W. Brann, Chief United States District Judge

Mehalchick, Chief Magistrate Judge

ORDER

Matthew W. Brann, Chief United States District Judge

Damion G. Davis filed this second amended 42 U.S.C. § 1983 civil rights complaint alleging that several individuals violated his civil rights.¹ On January 4, 2023, Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court deny Davis' motions for sanctions and motion for summary judgment.² No timely objections were filed to this Report and Recommendation.

1 Doc. 56.

2 Doc. 127.

Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.³ Regardless of whether objections are made, district courts may accept, reject, or modify-in whole or in part-the findings or recommendations made by the magistrate judge.⁴ Upon review of the record, the Court finds no error in Chief Magistrate Judge Mehalchick's conclusion that Davis' motions should be denied. 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 28 U.S.C. § 636(b)(1); Local Rule 72.31.

1. Chief Magistrate Judge Karoline Mehalchick's Report and Recommendation (Doc. 127) is ADOPTED;

2. Davis' motions for sanctions (Docs. 116, 119) are DENIED;

3. Davis' motion for summary judgment (Doc. 118) is DENIED; and

4. This matter is REMANDED to Chief Magistrate Judge Mehalchick for further proceedings.