Opinion

LUCAS v. FRANCISCO

Court
District Court, M.D. Pennsylvania
Filed
Mar 10, 2025
Cited by
0 cases
Authority
More cited than 34.4%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

EDDIE CURTIS LUCAS, JR.

Plaintiff, CIVIL ACTION NO. 3:24-CV-01172

v. (MEHALCHICK, J.)

MEJIA FRANCISCO & ERIC

PIPENBRINK,

Defendant.

ORDER

Plaintiff Eddie Lee Curtis Lucas (“Plaintiff”) filed this lawsuit against Mejia Francisco

and Eric Pipenbrink (collectively, “Defendants”) along with a motion to proceed in forma

pauperis on July 1, 2024. (Doc. 1). The case was transferred to this Court from the Western

District of Pennsylvania on July 16, 2024. (Doc. 2; Doc. 10, at 1). On August 8, 2024,

Magistrate Judge William I. Arbuckle granted Plaintiff’s motion to proceed in forma pauperis.

(Doc. 7). Judge Arbuckle subsequently screened the complaint in accordance with 28 U.S.C.

§ 1915(e)(2) and issued a Report and Recommendation recommending that Plaintiff’s

complaint be dismissed without leave to amend. (Doc. 10). No objections have been filed to

the Report. As such, the Court will ADOPT the Report and Recommendation.

“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

novo review of the challenged portions of the Magistrate Judge’s findings unless the objection

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 Arbuckle’s Report and finds no

clear error on the face of the record. (Doc. 10). NOW, THEREFORE, IT IS HEREBY

ORDERED THAT the Report of Judge Arbuckle (Doc. 10) is ADOPTED IN ITS

ENTIRETY as the decision of the Court. Plaintiff’s complaint is DISMISSED. (Doc. 1).

Clerk shall mark this matter CLOSED.

BY THE COURT:

Date: March 10, 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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