Hill v. Commonwealth of PA

District Court, M.D. Pennsylvania

Hill v. Commonwealth of PA

Trial Court Opinion

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

JEFFREY D. HILL, No. 4:21-CV-00479

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Arbuckle)

COMMONWEALTH OF PA,

Defendant.

ORDER OCTOBER 18, 2021 In March 2021, Jeffrey D. Hill filed a civil rights complaint related to purportedly unlawful actions taken by local and state officials against Hill approximately three decades ago.1 On June 9, 2021, Magistrate Judge William I. Arbuckle issued a Report and Recommendation recommending that this Court dismiss Hill’s complaint pursuant to

28 U.S.C. § 1915

(e)(2)(B).2 Hill has not filed timely objections to the Report and Recommendation.3 Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.4 Conversely, “[i]f a party objects

1 Doc. 1. 2 Doc. 6 3 Hill filed a notice of appeal related to the Report and Recommendation with the United States Court of Appeals for the Third Circuit; the Third Circuit dismissed that appeal for lack of jurisdiction. Docs. 7, 9. 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 timely to a magistrate judge’s report and recommendation, the district court must ‘make a de novo determination of those portions of the report or specified proposed

findings or recommendations to which objection is made.’”5 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in part—the magistrate judge’s findings or recommendations.6 Upon review of

the record, the Court finds no error—clear or otherwise—in Magistrate Judge Arbuckle’s recommendation that Hill’s complaint be dismissed with prejudice. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge William I. Arbuckle’s Report and Recommendation

(Doc. 6) is ADOPTED; 2. Hill’s motion for leave to proceed in forma pauperis (Doc. 2) is GRANTED;

3. Hill’s complaint (Doc. 1) is DISMISSED with prejudice; 4. Hill’s motion for hearing transcripts (Doc. 3) is DENIED as moot; and 5. 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

5 Equal Emp’t Opportunity Comm’n v. City of Long Branch,

866 F.3d 93, 99

(3d Cir. 2017) (quoting

28 U.S.C. § 636

(b)(1)). 6

28 U.S.C. § 636

(b)(1); Local Rule 72.31.

Reference

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