Drumgo v. Funk

Opinion

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

DESHAWN DRUMGO, SR., No. 3:20-CV-01829

Plaintiff, (Chief Judge Brann)

v. (Chief Magistrate Judge Mehalchick)

SERGEANT FUNK, et al.,

Defendants.

ORDER FEBRUARY 27, 2023 Deshawn Drumgo, Sr. filed this civil rights complaint alleging that his rights have been violated by numerous defendants.1 Drumgo has filed a motion for a temporary restraining order, along with a motion to appoint counsel.2 On January 26, 2023, Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court deny Drumgo’s motions.3 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.4 Regardless of whether objections are made, district courts may accept, reject, or modify—in whole or in part—the

1 Doc. 1. 2 Docs. 47, 65. 3 Doc. 68. 4 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.5 Upon review of the record, the Court finds no error in Chief Magistrate Judge Mehalchick’s conclusion

that Drumgo’s motions should be denied. Consequently, IT IS HEREBY ORDERED that:

1. Chief Magistrate Judge Karoline Mehalchick’s Report and Recommendation (Doc. 68) is ADOPTED; 2. Drumgo’s motion for a TRO (Doc. 47) and motion to appoint counsel

(Doc. 65) are DENIED; and 3. This matter is REMANDED to Chief Magistrate Judge Mehalchick for further proceedings.

BY THE COURT:

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