Liptok v. Carlson

District Court, M.D. Pennsylvania

Liptok v. Carlson

Trial Court Opinion

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

JOHN J. LIPTOK, No. 3:22-CV-00063

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Arbuckle)

JUDGE MARTIN C. CARLSON,

Defendant.

ORDER MARCH 21, 2022 John J. Liptok filed this complaint alleging that United States Magistrate Judge Martin C. Carlson violated Liptok’s rights by issuing orders and report and recommendations in various civil cases file by Liptok.1 On February 18, 2022, Magistrate Judge William I. Arbuckle issued a Report and Recommendation recommending that this Court dismiss with prejudice Liptok’s complaint.2 No timely objections to the Report and Recommendation have been filed. 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. 1. 2 Doc. 6. 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 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

Arbuckle’s conclusions that Liptok’s complaint is barred by judicial immunity, is legally frivolous, and that any amendment would be futile. Consequently, IT IS HEREBY ORDERED that:

1. Magistrate Judge William I. Arbuckle’s Report and Recommendation (Doc. 6) is ADOPTED; 2. Intra-circuit assignment is not necessary; 3. Liptok’s complaint (Doc. 1) is DISMISSED with prejudice pursuant to

28 U.S.C. §§ 1915

(e)(2)(B)(i) and (ii); and 4. 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

Reference

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