Opinion

Muhammad

Court
District Court, M.D. Pennsylvania
Filed
Jun 23, 2026
Cited by
0 cases
Authority
More cited than 41.3%

The opinion

UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF PENNSYLVANIA

IMHOTEP MUHAMMAD,

Plaintiff, CIVIL ACTION NO. 1:24-CV-02228

v. (MEHALCHICK, J.)

JOHN DOE, d/b/a DON TOWING,

Defendant.

ORDER

Plaintiff Imhotep Muhammad (“Muhammad”) initiated this pro se action on

December 23, 2024, by filing a complaint. (Doc. 1). On September 5, 2025, Muhammad filed

the operative amended complaint alleging that Defendant John Doe d/b/a Don Towing

(“Don’s Towing”) is liable for unconstitutionally towing Muhammad’s vehicle on May 13,

2021. (Doc. 34-1). On December 22, 2025, Don’s Towing filed a motion to dismiss for failure

to state a claim. (Doc. 40). On June 1, 2026, Magistrate Judge Phillip J. Carballo issued a

report and recommendation recommending that the Court grant Don’s Towing’s motion to

dismiss because “the statute of limitations elapsed prior to Muhammad filing this federal

action” and because “Muhammad has not plausibly alleged that Don’s Towing is a state actor

liable under Title 42, United States Code, Section 1983.” (Doc. 46, at 2). Judge Caraballo

further recommended that the Court dismiss this action with prejudice because Muhammad’s

claims are time-barred. (Doc. 46, at 13). In the report, Judge Caraballo advised Muhammad

that he had fourteen days to object to the report and recommendation. (Doc. 46, at 20-21).

Muhammad did not file a timely objection. The Court will ADOPT the report and

recommendation. (Doc. 46).

“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 district 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 the report and recommendation and

finds no clear error on the face of the record. (Doc. 46). As such, Judge Caraballo’s report and

recommendation (Doc. 46) is adopted in its entirety as the decision of the Court. Don’s

Towing’s motion to dismiss is GRANTED (Doc. 40), and the amended complaint is

dismissed with prejudice. (Doc. 34-1). The Clerk of Court is directed to close this matter.

BY THE COURT:

Dated: June 23, 2026 /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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