Spicer v. Bradley

District Court, M.D. Pennsylvania

Spicer v. Bradley

Trial Court Opinion

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

DEONTE’ VOUDELL SPICER, No. 4:21-CV-00372

Petitioner, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

E. BRADLEY, et al.,

Respondents.

ORDER OCTOBER 18, 2021 Deonte’ Voudell Spicer filed this

28 U.S.C. § 2241

petition challenging a decision by the Federal Bureau of Prisons imposing a loss of privileges, including good conduct time, based upon Spicer’s violation of prison rules.1 On August 11, 2021, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court deny Spicer’s petition.2 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.3 Regardless of whether timely objections are made, district courts may accept, reject, or modify—in whole or in

1 Doc. 1. 2 Doc. 11. 3 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 part—the findings or recommendations made by the magistrate judge.4 After reviewing the record, the Court finds no error—clear or otherwise—in Magistrate

Judge Carlson’s conclusion that Spicer’s due process rights were not violated by the disciplinary hearing. Accordingly, IT IS HEREBY ORDERED that: 1. Magistrate Judge Martin C. Carlson’s Report and Recommendation

(Doc. 11), is ADOPTED; 2. Spicer’s

28 U.S.C. § 2241

petition (Doc. 1) is DENIED; and 3. 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

4

28 U.S.C. § 636

(b)(1); Local Rule 72.31.

Reference

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