Opinion

Johnson v. Bogan

Court
District Court, M.D. Pennsylvania
Filed
Jan 13, 2025
Cited by
0 cases
Authority
More cited than 33.6%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

ROBERT W. JOHNSON,

Plaintiff, CIVIL ACTION NO. 3:24-CV-01763

v. (MEHALCHICK, J.)

VANESSA E. BOGAN,

Defendant.

ORDER

Plaintiff Robert W. Johnson (“Plaintiff”), proceeding pro se, initiated this action on

October 16, 2024, by filing a complaint against Vanessa E. Bogan (“Defendant”). (Doc. 1).

On December 13, 2024, Chief Magistrate Judge Daryl F. Bloom issued a Report and

Recommendation (“the Report”) recommending that this matter be consolidated with Civil

No. 3:24-CV-01898 and that the matter be transferred to the United States District Court for

the Northern District of New York (Doc. 7). No objections have been filed to the Report and

the time to do so has passed. As such, the Court will ADOPT the Report and

Recommendation in its entirety.

“A district court may ‘designate a magistrate judge to conduct hearings, including

evidentiary hearings, and to submit to a judge of the court proposed findings of fact and

recommendations for the disposition’ of certain matters pending before the court.” Brown v.

Astrue, 649 F.3d 193, 195 (3d Cir. 2011) (quoting 28 U.S.C. § 636(b)(1)(B)). Within fourteen

days of being served a report and recommendation, “any party may serve and file written

objections to such proposed findings and recommendations as provided by rules of court.” 28

U.S.C. § 636(b)(1). When a party timely files objections, the district court is to conduct a de

is “not timely or not specific.” Goney v. Clark, 749 F.2d 5, 6–7 (3d Cir.1984); 28 U.S.C. §

636(b)(1). The Court may then “accept, reject, or modify, in whole or in part, the findings and

recommendations.” 28 U.S.C. § 636(b)(1). “Although the standard is de novo, the extent of

review is committed to the sound discretion of the district judge, and the court may rely on

the recommendations of the magistrate judge to the extent it deems proper.” Rahman v.

Gartley, No. CV 3:23-363, 2024 WL 555894, at *1 (M.D. Pa. Feb. 12, 2024) (citing United v.

Raddatz, 447 U.S. 667, 676 (1980)). For those sections of the report and recommendation to

which no objection is made, the court should, as a matter of good practice, “satisfy itself that

there is no clear error on the face of the record in order to accept the recommendation.” Fed.

R. Civ. P. Adv. Comm. Note Rule 72(b).

The Court agrees with the sound reasoning in Judge Bloom’s Report and finds no clear

error on the face of the record. (Doc. 7). NOW, THEREFORE, IT IS HEREBY ORDERED

THAT the Report of Judge Bloom (Doc. 7) is ADOPTED IN ITS ENTIRETY as the

decision of the Court. This matter is to be CONSOLIDATED with the matter docketed at

Civ. No. 3:24-CV-01898 and TRANFERRED to the United States District Court for the

Northern District of New York. (Doc. 7).

BY THE COURT:

Date: January 13, 2025 s/ Karoline Mehalchick

KAROLINE MEHALCHICK

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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