IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

KENNETH C. PONDS, No. 4:20-CV-00015

Plaintiff, (Judge Brann)

v. (Magistrate Judge Carlson)

PA. BOARD OF PROBATION AND PAROLE,

Defendant.

ORDER JANUARY 30, 2020 Kenneth C. Ponds filed this

complaint in which he raises claims related to his imprisonment and parole within the Commonwealth of Pennsylvania.1 On January 7, 2020, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court dismiss Ponds’ complaint without prejudice, as he requests both monetary relief—which is appropriate in a § 1983 action—and his immediate release from state custody, which is appropriately sought in a petition for a writ of habeas corpus.2 No timely objections were filed to this Report and Recommendation.

1 Doc. 2. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Regardless of whether timely

objections are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.4 Upon review of the record, the Court finds no error—clear or otherwise—in Magistrate Judge

Carlson’s conclusion that the differing forms of relief that Ponds seeks cannot be contained in a single complaint. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 8) is ADOPTED;

2. Ponds’ complaint (Doc. 2) is DISMISSED without prejudice; and 3. Ponds may, within 30 days of the date of this Order, file an amended complaint that clarifies and narrows the type of relief sought. Failure

to file a timely amended complaint will be deemed abandonment of this action, and this matter may be closed without further warning.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann United States District Judge

3 Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson,

(3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed). 4

(b)(1); Local Rule 72.31.