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

HAROLD W. NOEL, JR., No. 4:20-CV-00430

Plaintiff, (Judge Brann)

v. (Magistrate Judge Arbuckle)

TOM WOLF, et al.,

Defendants.

ORDER SEPTEMBER 22, 2020 Harold W. Noel, Jr., filed this action seeking declaratory judgment that his Pennsylvania state court sentence is invalid.1 On July 13, 2020, Magistrate Judge William I. Arbuckle granted Noel’s motion to proceed in forma pauperis, but concluded that Noel may not seek declaratory judgment before first filing a petition for a writ of habeas corpus, and therefore directed Noel to file an amended complaint within 30 days.2 More than thirty days elapsed and Noel did not file an amended complaint but, instead, filed a motion to proceed on the original record.3 Accordingly, on September 4, 2020, Magistrate Judge Arbuckle issued a Report and Recommendation recommending that this Court dismiss Noel’s complaint for failure

1 Doc. 1. 2 Docs. 10, 11. to state a claim and close this case.4 No timely objections were filed to this recommendation.

Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.5 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.6 Upon review

of the record, the Court finds no clear error, clear or otherwise, in Magistrate Judge Arbuckle’s recommendation. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge William I. Arbuckle’s Report and Recommendation

(Doc. 16) is ADOPTED; 2. Noel’s complaint is DISMISSED; and 3. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

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

4 Doc. 16. 5 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). 6

(b)(1); Local Rule 72.31.