describing standard of appellate review when no timely and specific objections are filed as limited to review for plain error
How later courts described this case
- describing standard of appellate review when no timely and specific objections are filed as limited to review for plain error
Written by the judges who cited it.
The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
PITTSBURGH DIVISION
RAYMOND BROWN, )
) Civil Action No.:
) 2:23-CV-01649-CBB-MRH
Plaintiff, )
)
vs. ) United States Magistrate Judge
) Christopher B. Brown
CORRECTIONAL OFFICER C. )
)
FOWLER, COORECTIONAL SGT.
)
JOHN DOE, SUED INDIVIDUALLY )
AND IN OFFICIAL CAPACITY; AND )
COORECTIONAL OFFICER JOHN )
)
FOE, )
)
Defendants. )
ORDER REVOKING STATUS
AND NOW, this 4th day of April, 2025, it is hereby ORDERED that
Defendant C. Fowler’s motion to vacate order on motion for leave to proceed
(“IFP”) ECF No. 75 is GRANTED and Brown’s IFP status is
REVOKED in accordance with 28 U.S.C. § 1915(g).
IT IS FURTHER ORDERED that this action is dismissed without prejudice
to Brown reopening it by paying the full statutory and administrative filing fees
totaling $405.00.
IT IS FURTHER ORDERED that Brown must submit the full statutory and
administrative filing fees by May 5, 2025. If the full statutory and administrative
filing fees are not submitted by that date, it will be recommended this case be
dismissed with prejudice for failure to prosecute.
IT IS FURTHER ORDERED that Brown’s pending Motion for Temporary
Restraining Order ECF No. 66 is dismissed as moot.
Our Local Rules permit objections to non-dispositive determinations of
Magistrate Judges. Therefore, under the Magistrate Judges Act, 28 U.S.C. §
636(b)(1), Rule 72 of the Federal Rules of Civil Procedure, and Rule 72.C.2 of the
Local Rules of Court, Brown must file written objections, if any, to the Court’s
determination by April 24, 2025. Brown is cautioned that failure to file Objections
within this timeframe “will waive the right to appeal.” , 637
F.3d 187, 193 n.7 (3d Cir. 2011) (quoting , 700 F.2d 113, 116 (3d
Cir. 1983). , 866
F.3d 93, 100 (3d Cir. 2017) (describing standard of appellate review when no timely
and specific objections are filed as limited to review for plain error).
BY THE COURT:
s/Christopher B. Brown
United States Magistrate Judge
cc: RAYMOND BROWN
LT6439
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