The opinion
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
KAHILL WILLIAMS,
Plaintiff, CIVIL ACTION NO. 3:26-CV-00078
v. (MEHALCHICK, J.)
JILLIAN KOCHIS,
Defendant.
ORDER
Plaintiff Kahill Williams (“Williams”) initiated this pro se action on January 14, 2026,
by filing a complaint alleging that he is being held in the Lackawanna County Prison without
probable cause and that his former defense attorney, Defendant Jillian Kochis (“Kochis”),
provided him with ineffective assistance of counsel in violation of state law and his
constitutional rights. (Doc. 1). On February 26, 2026, Magistrate Judge Susan E. Schwab
screened the complaint in accordance with 28 U.S.C. § 1915A and concluded that it is subject
to dismissal for failure to state a claim and lack of jurisdiction. (Doc. 7). Judge Schwab,
however, granted Williams leave to file an amended complaint within twenty-eight days of
the screening order. (Doc. 7, at 1).
Williams did not file a timely amended complaint. However, on March 31, 2026,
Williams filed a document labeled “Motion to Amend Newly Discovered Information and
Evidence that by Law Violated Plaintiffs Constitutional Rights to Address to the Court.”
(Doc. 9). On April 6, 2026, Judge Schwab granted Willaims until May 4, 2026, to file an
amended complaint but warned Williams that she would recommend that his case be
dismissed if he did not file a timely amended complaint. (Doc. 10, at 3). Williams did not file
a timely amended complaint, and on June 6, 2026, Judge Schwab filed a report and
recommendation recommending that the Court dismiss this action without granting leave to
amend. (Doc. 11, at 16). According to Judge Schwab, Williams fails to state any federal
claims because he attempts to bring 42 U.S.C. § 1983 claims against Kochis without alleging
that she acted under color of state law. (Doc. 9, at 9-14). Judge Schwab further noted that the
only basis by which the Court could retain jurisdiction over Williams’s state law claims is
through supplemental jurisdiction and Williams provides no justification for the Court to
exercise supplemental jurisdiction over his state law claims. (Doc. 11, at 14-15). Judge
Schwab advised Williams that he had fourteen days to file an objection. (Doc. 11, at 16-17).
Williams did not file a timely objection. As such, the Court will ADOPT the report and
recommendation. (Doc. 11).
“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 the report and recommendation and
finds no clear error on the face of the record. (Doc. 11). Judge Schwab’s report and
recommendation (Doc. 11) is ADOPTED IN ITS ENTIRETY as the decision of the Court.
The Court DISMISSES the complaint (Doc. 1) and DENIES leave to amend. 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