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

BRIAN E. BOYER, No. 4:19-CV-01434

Plaintiff, (Judge Brann)

v. (Magistrate Judge Saporito)

DAVID DONKOCHIK, et al.,

Defendants.

ORDER JUNE 4, 2021 Brian Boyer filed this federal civil rights action alleging excessive force and failure to protect claims relating to his arrest and detention on a technical parole violation warrant.1 On March 1, 2021, Magistrate Judge Joseph F. Saporito, Jr. issued a Report and Recommendation recommending that this Court grant the Plaintiff’s motion for voluntary dismissal of all claims against Stephen Mazzeo.2 Defendants have not filed 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 Regardless of whether objections are made, District Courts may accept, reject, or modify—in whole or in part—the

1 Doc. 78. 2 Doc. 78. 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 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 Saporito’s

conclusion that this Court grant the Plaintiff’s motion for voluntary dismissal of all claims against Stephen Mazzeo. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Joseph F. Saporito, Jr.’s Report and Recommendation

(Doc. 78) is ADOPTED; 2. Plaintiff’s motion for voluntary dismissal of all claims against Stephen Mazzeo is GRANTED. 3. This matter is REMANDED to Magistrate Judge Saporito for further

proceedings.

BY THE COURT:

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

4

(b)(1); Local Rule 72.31.