Opinion

Brown v. Monroy

Court
District Court, M.D. Pennsylvania
Filed
Oct 29, 2024
Cited by
0 cases
Authority
More cited than 31.8%

explaining that court should in some manner review recommendations regardless of whether objections were filed

How later courts described this case

  • explaining that court should in some manner review recommendations regardless of whether objections were filed

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

EVAN BROWN, No. 1:22-CV-01401

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

ADRIENNE MONROY, et al.,

Defendants.

ORDER

OCTOBER 29, 2024

Plaintiff filed the instant action on September 8, 2022, and it was eventually

jointly assigned to the undersigned and to a magistrate judge. Upon designation, a

magistrate judge may “conduct hearings, including evidentiary hearings, and . . .

submit to a judge of the court proposed findings of fact and recommendations.”1

Once filed, this report and recommendation is disseminated to the parties in the case

who then have the opportunity to file written objections.2

On September 30, 2024, Magistrate Judge Martin C. Carlson, to whom this

matter is jointly assigned, issued a thorough report and recommendation

recommending that I dismiss Plaintiff’s false arrest, false imprisonment, and failure

to intervene claims but otherwise deny the Motion to Dismiss filed by Defendants

Adrienne Monroy, Michael Smith, and Arthur Etnoyer, Jr.

1 28 U.S.C. 636(b)(1)(B).

No objections to the report and recommendation have been filed. Where no

objection is made to a report and recommendation, this Court will review the

recommendation only for clear error.3 Regardless of whether timely objections are

made, district courts may accept, reject, or modify—in whole or in part—the

findings or recommendations made by the magistrate judge.4

Because the Court writes solely for the parties, it will not restate the facts, but

will instead adopt the recitation of facts as set forth by the magistrate judge. The

Court has conducted a de novo review here and found no error.

AND NOW, IT IS HEREBY ORDERED that:

1. Magistrate Judge Carlson’s Report and Recommendation (Doc. 47) is

ADOPTED in full;

2. Defendants Adrienne Monroy’s, Michael Smith’s, and Arthur Etnoyer,

Jr.’s Motion to Dismiss (Doc. 41) is GRANTED IN PART;

a. Plaintiff Evan Brown’s false arrest, false imprisonment, and

failure to intervene claims under 42 U.S.C. § 1983 are

DISMISSED WITH PREJUDICE;

3. Defendants’ Motion to Dismiss (Doc. 41) is OTHERWISE DENIED;

and

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

regardless of whether objections were filed).

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

4. This matter is remanded to Magistrate Judge Carlson.

BY THE COURT:

s/ Matthew W. Brann

Matthew W. Brann

Chief United States District Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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