Molina v. Kauffman

Opinion

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

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

Plaintiff, (Chief Judge Brann)

v. (Chief Magistrate Judge Mehalchick)

K. KAUFFMAN, et al.,

Defendants.

ORDER NOVEMBER 30, 2023 Miguel Molina, a Pennsylvania state prisoner, filed this fourth amended civil rights complaint alleging that Defendants violated his rights in numerous ways.1 On October 2, 2023, Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court grant Defendants’ motion for summary judgment and close this case.2 Molina has not filed timely objections to the Report and Recommendation. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Conversely, “[i]f a party objects timely to a magistrate judge’s report and recommendation, the district court must

1 Doc. 212. 2 Doc. 255. 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 ‘make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.’”4 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.5 Upon review of the record, the Court finds no clear error in Chief Magistrate Judge Mehalchick’s

recommendation that the Court enter judgment in Defendants’ favor. Consequently, IT IS HEREBY ORDERED that: 1. Chief Magistrate Judge Karoline Mehlachick’s Report and Recommendation (Doc. 255) is ADOPTED;

2. Defendants’ motion for summary judgment (Doc. 244) is GRANTED and judgment is entered in favor of Defendants; and 3. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

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

4 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)). 5 28 U.S.C. § 636(b)(1); Local Rule 72.31.