Opinion

Carbaugh v. Reese

Court
District Court, M.D. Pennsylvania
Filed
Jun 2, 2025
Cited by
0 cases
Authority
More cited than 36.0%

The opinion

THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

HAROLD E. CARBAUGH, JR., :

Plaintiff, : 3:24-CV-736

: (JUDGE MARIANI)

V. : (Magistrate Judge Arbuckle)

CHARLES M. MILLER, et al, :

Defendants. :

ORDER

AND NOW, THIS a AYE DAY OF JUNE, 2025, upon review of Magistrate

Judge William Arbuckle’s Report and Recommendation (“R&R”) (Doc. 17) for clear error or

manifest injustice,’ IT IS HEREBY ORDERED THAT:

1 If a party timely and properly files a written objection to a Magistrate Judge's Report and

Recommendation, the District Court “shall make a de novo determination of those portions of the report or

specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C);

see also, Brown v. Astrue, 649 F.3d 193, 195 (3d Cir. 2011); V.0. Pa. Local Rule 72.3. Here, following the

issuance of the R&R, Carbaugh filed a series of letters addressed to Judge Arbuckle reiterating his

assertions of innocence and claims of wrongdoing by the defendants (Docs. 18-24). Plaintiffs filings are

insufficient to rise to the level of one or more Objections to the R&R. Plaintiffs letters do not reference the

R&R, nor do they set forth any statement or assertion which would alter the correctness of the pending

R&R or affect this Court's review of the R&R. The Court thus need not engage in a de novo analysis.

Nonetheless, upon review of the relevant documents, even if this Court applied a de novo review, the result

would be the same.

1. The R&R (Doc. 17) is ADOPTED for the reasons set forth therein.

2. Plaintiffs Amended Complaint is DISMISSED WITHOUT LEAVE TO AMEND but

without prejudice to filing a timely petition for writ of habeas corpus, pursuing a

professional malpractice claim in state court, and pursuing a § 1983 malicious

prosecution claim if and when appropriate.

3. The Clerk of Court is directed to CLOSE the above-captioned action.

:

pO dd Nig

Robert D. Mari

United States District Judge

2 The Court adopts the R&R in its entirety, with a narrow exception. At the time Judge Arbuckle

issued the present R&R, he correctly noted that Carbaugh had not exhausted his state court remedies

where his PCRA petition remained pending in the Superior Court of Pennsylvania and Carbaugh could

therefore not yet file a § 2254 habeas petition. (See Doc. 17, at 9n. 23). However, on January 6, 2025,

the Superior Court affirmed the PCRA court's order denying Carbaugh’s petition. See Commw. of Pa. v.

Carbaugh, 2025 WL 31471 (Pa. Super. Ct. 2025). Where it does not appear that Carbaugh appealed this

decision to the Pennsylvania Supreme Court, he has now exhausted his state court remedies for purposes

of filing a federal habeas petition.

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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