Toaz v. Albright ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CRAIG ALAN TOAZ, No. 3:23-CV-00375 Plaintiff, (Chief Judge Brann) v. (Magistrate Judge Carlson) ZACHARY ALBRIGHT, et al., Defendants. ORDER DECEMBER 29, 2023 Craig Alan Toaz filed this civil rights complaint alleging that several individuals violated his civil rights.1 Subsequently, several documents that were mailed to Toaz were returned to this Court as undeliverable, and Toaz has not provided the Court with a viable mailing address to where the Court may mail him documents. Consequently, on November 22, 2023, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court deem the matter abandoned and dismiss Toaz’s complaint without prejudice.2 The copy of the Report and Recommendation sent to Toaz was returned as undeliverable3 and, accordingly, no timely objections were filed to the Report and Recommendation. 1 Doc. 1. 2 Doc. 11. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.4 Regardless of whether objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.5 Upon review of the record, the Court finds no error—clear or otherwise—in Magistrate Judge Carlson’s recommendation. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 11) is ADOPTED; 2. Toaz’s complaint (Doc. 1) is DISMISSED without prejudice; and 3. 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 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 regardless of whether objections were filed). 5 28 U.S.C. § 636(b)(1); Local Rule 72.31.