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

T. MONTANA BELL, No. 4:18-CV-02177

Plaintiff, (Judge Brann)

v. (Magistrate Judge Saporito)

C/O ROTHROCK, et al.,

Defendants.

ORDER MARCH 16, 2020 Plaintiff T. Montana Bell filed a complaint in the Court of Common Pleas for Centre County, Pennsylvania on October 1, 2018. The complaint alleges that while Bell was incarcerated at SCI Rockview located in Centre County, Defendants violated his federal civil rights under Title II of the Americans with Disabilities Act and the First, Eighth, and Fourteenth Amendments to the United States Constitution made actionable by

, as well as state-law tort claims. Defendants removed the action to this Court on November 9, 2018. On August 16, 2019, Defendants moved for summary judgment on all claims.1 On January 30, 2020, Magistrate Judge Joseph F. Saporito, Jr. issued a Report and Recommendation recommending that this Court grant Defendants’

1 Mot. for Summ. J. (ECF No. 14). motion for summary judgment in part and deny the motion in part as moot. No timely objections were filed to this Report and Recommendation.

Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.2 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.3 Upon

review of the record, the Court finds no clear error in Magistrate Judge Saporito’s conclusions. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Joseph F. Saporito, Jr.’s Report and

Recommendation (ECF No. 33) is ADOPTED. 2. Defendants’ motion for summary judgment (ECF No. 14) is GRANTED IN PART and DENIED IN PART as moot.

3. Plaintiff’s claims for damages against the Pennsylvania Department of Corrections and against the individual defendants in their official capacities are DISMISSED for lack of subject-matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1).

2 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). 3

(b)(1); Local Rule 72.31. 4. The remainder of Plaintiff’s federal civil rights claims for damages and declaratory relief under

and Title II of the

Americans with Disabilities Act are DISMISSED for failure to state a claim on which relief can be granted. 5. Plaintiff’s state-law claims are DISMISSED for failure to state a

claim on which relief can be granted. 6. The Clerk of Court is directed to close the case.

BY THE COURT:

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