Pew v. Sherman

Opinion

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

ALFONSO PERCY PEW, No. 1:21-CV-00949

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

LT. SHERMAN, et al.,

Defendants.

ORDER NOVEMBER 28, 2022 Alfonso Percy Pew filed an amended 42 U.S.C. § 1983 civil rights complaint alleging that numerous individuals violated his civil rights by refusing to move him from a cell block guarded by an officer against whom Pew had lodged a complaint.1 In June of 2022, Magistrate Judge Martin C. Carlson issued a scheduling Order that, inter alia, set an August 5, 2022 deadline for filing dispositive motions.2 That deadline lapsed, with none of the parties having filed dispositive motions. Because nothing remains but to schedule this matter for trial, on October 13, 2022, Magistrate Judge Carlson issued a Report and Recommendation recommending that this Court schedule the matter for trial.3 No timely objections were filed to this Report and Recommendation.

1 Doc. 20. 2 Doc. 49. 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 findings or recommendations made by the magistrate judge.5 Upon review of the record, the Court finds no error in Magistrate Judge Carlson’s conclusion that this

matter should proceed toward trial. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 84) is ADOPTED;

2. Pew’s motion for an extension of time (Doc. 79) is DENIED as moot; and 3. A telephonic status conference call shall be scheduled by separate

Order.

BY THE COURT:

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

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 regardless of whether objections were filed).