The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
DOMINIC BLACK, No. 1:20-CV-00938
Plaintiff, (Chief Judge Brann)
v. (Magistrate Judge Carlson)
PENNSYLVANIA BOARD OF
PROBATION AND PAROLE, et al.,
Defendants.
ORDER
NOVEMBER 23, 2021
Dominic Black, a Pennsylvania state prisoner, filed this civil rights complaint
alleging that Defendants violated his rights by making adverse parole determinations
in his underlying criminal case.1 This Court previously adopted a Report and
Recommendation issued by Magistrate Judge Martin C. Carlson and dismissed this
case without prejudice because the Court had already considered, and rejected,
Black’s claims in an earlier habeas corpus petition.2 The Court granted Black twenty
days to file an amended complaint.3
1 Doc. 1.
2 Docs. 11, 26.
3 Doc. 26.
Black did not file a timely amended complaint but, instead, filed two motions
to reopen the case, which the Court construes as motions for reconsideration.4 In
October 2021, Magistrate Judge Carlson issued a Report and Recommendation
recommending that this Court deny Black’s motion for reconsideration and dismiss
his complaint with prejudice for failure to file a timely amended complaint.5 After
receiving an extension of time from the Court, Black filed timely objections to that
Report and Recommendation.6
“If a party objects timely to a magistrate judge’s report and recommendation,
the district court must ‘make a de novo determination of those portions of the report
or specified proposed findings or recommendations to which objection is made.’”7
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.8 After reviewing the record, the Court finds no error in Magistrate
Judge Carlson’s conclusions that Black’s motions for reconsideration are without
4 Docs. 29, 34.
5 Doc. 30. Black’s second motion for reconsideration was filed after Magistrate Judge Carlson
issued his Report and Recommendation. Doc. 34. Nevertheless, for the same reasons discussed
in Magistrate Judge Carlson’s Report and Recommendation, Black’s second motion for
reconsideration is without merit.
6 Docs. 38, 39.
7 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)).
8 28 U.S.C. § 636(b)(1); Local Rule 72.31.
merit, and that Black’s complaint should be dismissed with prejudice for failure to
timely file an amended complaint. Accordingly, IT IS HEREBY ORDERED that:
1. Magistrate Judge Martin C. Carlson’s Report and Recommendation
(Doc. 30) is ADOPTED;
2. Black’s motions to reopen/for reconsideration (Docs. 29, 34) are
DENIED;
3. Black’s complaint (Doc. 1) is DISMISSED with prejudice; and
4. 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