Opinion
1:20-CV-00668
01-21-2022
ALFONSO PERCY PEW, Plaintiff, v. JOHN E. WETZEL, et al., Defendants.
CARLSON, MAGISTRATE JUDGE.
MATTHEW W. BRANN, CHIEF UNITED STATES DISTRICT JUDGE.
ORDER
Alfonso Percy Pew filed an amended 42 U.S.C. § 1983 complaint alleging that numerous individuals violated his rights. In October 2021, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court grant Defendants' motions to terminate Pew's authorization to proceed in forma pauperis, and to dismiss for failure to state a claim. Magistrate Judge Carlson reached this recommendation after determining that Pew's amended complaint failed to assert imminent harm and that, in any event, the claims failed as a matter of law. After receiving an extension of time, Pew filed timely objections to the Report and Recommendation. 1
Docs. 61, 72.
Doc. 91.
Id.
Docs. 95, 96, 98.
“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 in Magistrate Judge Carlson's recommendation that Defendants' motions be granted and Pew's amended complaint be dismissed. 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. Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 91) is ADOPTED;
2. Defendants' motions to revoke authorization to proceed in forma pauperis (Doc. 74) and to dismiss (Doc. 76) are GRANTED;
3. Pew's amended complaint (Docs. 61, 72) is DISMISSED; and
4. The Clerk of Court is directed to CLOSE this case.2