Toaz v. Albright

District Court, M.D. Pennsylvania

Toaz v. Albright

Trial Court Opinion

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

CRAIG ALAN TOAZ, No. 3:22-CV-00598

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Saporito)

Z. ALBRIGHT, et al.,

Defendants.

ORDER MARCH 1, 2023 Craig Alan Toaz filed this civil rights complaint alleging that several individuals violated his civil rights by falsifying certain documents.1 On February 10, 2023, Magistrate Judge Joseph F. Saporito, Jr. issued a Report and Recommendation recommending that this Court dismiss Toaz’s complaint, pursuant to Federal Rule of Civil Procedure 4(m), for failure to timely serve the defendants, and deny as moot Toaz’s motions for injunctive relief.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 objections

1 Doc. 1. 2 Doc. 18. 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 are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.4 Upon review of the

record, the Court finds no error in Magistrate Judge Saporito’s recommendation. Consequently, IT IS HEREBY ORDERED that: 1. Magistrate Judge Joseph F. Saporito, Jr.’s Report and Recommendation

(Doc. 18) is ADOPTED; 2. Toaz’s complaint (Doc. 1) is DISMISSED without prejudice in accordance with Federal Rule of Civil Procedure 4(m); 3. Toaz’s motions for a preliminary injunction (Docs. 2, 9, 13) are

DENIED as moot; 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

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