Maldanado v. Ralston ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA ALEXIS MALDANADO, No. 4:22-CV-01890 Plaintiff, (Chief Judge Brann) v. (Chief Magistrate Judge Mehalchick) G. RALSTON, et al., Defendants. ORDER JULY 3, 2023 In December 2022, Alexis Maldanado filed a fourth amended complaint alleging that officials failed to protect him from obvious harm and retaliated against him for exercising his First Amendment rights.1 On May 9, 2023, Chief Magistrate Judge Karoline Mehalchick issued a Report and Recommendation recommending that this Court grant Defendants’ motion to dismiss Maldanado’s fourth amended complaint.2 Maldanado has not filed timely objections to the Report and Recommendation. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Conversely, “[i]f a party objects 1 Doc. 224. 2 Doc. 233 3 Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining that court should in some manner review recommendations timely to a magistrate judge’s report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.’”4 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the magistrate judge’s findings or recommendations.5 Upon review of the record, the Court finds no clear error—clear or otherwise—in Chief Magistrate Judge Mehalchick’s recommendation that Maldanado’s complaint be dismissed. Consequently, IT IS HEREBY ORDERED that: 1. Chief Magistrate Judge Karoline Mehalchick’s Report and Recommendation (Doc. 233) is ADOPTED; 2. Defendants’ motion to dismiss (Doc. 228) is GRANTED; 3. Maldanado’s fourth amended complaint (Doc. 224) is DISMISSED with prejudice; and 4. The Clerk of Court is directed to CLOSE this case. BY THE COURT: s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge 4 Equal Emp’t Opportunity Comm’n v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017) (quoting 28 U.S.C. § 636(b)(1)).