The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
ROBERT EDWARD HENGST, JR., No. 3:20-CV-02023
Plaintiff, (Chief Judge Brann)
v. (Magistrate Judge Saporito)
PRIMECARE MEDICAL, INC., et al.,
Defendants.
ORDER
AUGUST 10, 2023
Robert Edward Hengst, Jr., filed this civil rights complaint alleging that
Defendants violated his rights in numerous ways.1 On July 21, 2023, Magistrate
Judge Joseph F. Saporito, Jr. issued a Report and Recommendation recommending
that this Court grant Defendants’ motion for summary judgment and dismiss any
claims remaining in this matter.2 Hengst did 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. 1.
2 Doc. 52.
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 Magistrate Judge Saporito’s
recommendation that the Court grant partial summary judgment in Defendants’
favor and dismiss any remaining claims. Consequently, IT IS HEREBY
ORDERED that:
1. Magistrate Judge Joseph F. Saporito Jr.’s Report and Recommendation
(Doc. 52) is ADOPTED;
2. Defendants’ motion for summary judgment (Doc. 46) is GRANTED
and judgment is entered in favor of York County Prison Board, David
Frey, Steve Bolding, Ronnie Belt, and Nathan Fitzkee as to Hengst’s
42 U.S.C. § 1983 municipal liability, excessive force, and retaliation
claims;
3. All claims against PrimeCare Medical, Inc. and any remaining § 1983
claims against David Frey, Steve Bolding, Ronnie Belt, and Nathan
Fitzkee are DISMISSED; and
4. The Clerk of Court is directed to CLOSE this case.
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)).
BY THE COURT:
s/ Matthew W. Brann
Matthew W. Brann
Chief United States District Judge