Davis v. Miller

Opinion

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

DAMION G. DAVIS, No. 1:18-CV-02286

Plaintiff, (Chief Judge Brann)

v. (Chief Magistrate Judge Mehalchick)

OFFICER MILLER, et al.,

Defendants.

ORDER FEBRUARY 10, 2023 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. 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

1 Doc. 56. 2 Doc. 127. 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 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: 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.

BY THE COURT:

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