Bailey v. Kauffman

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

MIGUEL MOLINA, et al., No. 4:21-CV-00038

Plaintiffs, (Chief Judge Brann)

v. (Chief Magistrate Judge Mehalchick)

K. KAUFFMAN, et al.,

Defendants.

ORDER NOVEMBER 30, 2022 Plaintiffs filed this civil rights complaint—which they have amended three times—alleging that their rights have been violated by Defendants as related to the conditions of confinement at Pennsylvania State Correctional Institution Huntingdon.1 On November 2, 2022 Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court deny as moot claims for injunctive and declaratory relief, sever the parties, and direct that each Plaintiff file an amended complaint in their separate civil actions.2 No timely objections have been filed to the Report and Recommendation.

1 Docs. 1, 35, 72, 101, 102, 104, 108. 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 After reviewing the record, the Court finds no error in Chief Magistrate Judge Mehalchick’s conclusion

that Plaintiffs’ complaints should be severed. Accordingly, IT IS HEREBY ORDERED that: 1. Chief Magistrate Judge Karoline Mehalchick’s Report and Recommendation (Doc. 219) is ADOPTED;

2. Irizzary’s motion for an extension of time (Doc. 217) is DENIED as moot; 3. Claims for injunctive and declaratory relief are DENIED as moot;

4. Plaintiffs’ complaints are SEVERED. Miguel Molina’s claims shall proceed in this action, No. 4:21-CV-00038, and the Clerk of Court is DIRECTED to open new civil actions for each of the remaining Plaintiffs;

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). 5. Plaintiff Alexis Maldanado’s new civil action is No. 4:22-CV-1890. Plaintiff Vann L. Bailey’s new civil action is No. 4:22-CV-1891.

Plaintiff Angel Irizarry’s new civil action is No. 4:22-CV-1892. 6. By December 30, 2022, Plaintiffs shall each file a single, all-inclusive fourth amended complaint in his respective civil actions that sets forth

the claims that they wish to pursue along with any underlying facts in support of those claims. The failure to file a timely amended complaint may result in the dismissal with prejudice of that plaintiff’s case; and 7. These matters are REMANDED to Chief Magistrate Judge Mehalchick

for further proceedings.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge