O'Donnell v. Nicholas

District Court, M.D. Pennsylvania

O'Donnell v. Nicholas

Trial Court Opinion

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

KELLEY O’DONNELL, No. 1:22-CV-01762

Plaintiff, (Chief Judge Brann)

v. (Chief Magistrate Judge Bloom)

WENDY NICHOLAS, et al.,

Defendants.

ORDER DECEMBER 11, 2024 Kelley O’Donnell filed a second amended civil rights complaint alleging that several individuals violated her civil rights.1 In September 2024, O’Donnell submitted a letter to the Court requesting that her case be dismissed.2 Consequently, on September 25, 2024, Chief Magistrate Judge Daryl F. Bloom issued a Report and Recommendation recommending that this Court dismiss O’Donnell’s complaint.3 O’Donnell has, on three occasions, refused to accept the Report and Recommendation4 and, accordingly, no timely objections were filed to the Report and Recommendation.

1 Doc. 69. 2 Doc. 123. 3 Doc. 124. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.5 Regardless of whether objections

are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.6 Upon review of the record, the Court finds no error—clear or otherwise—in Chief Magistrate Judge

Bloom’s recommendation. Consequently, IT IS HEREBY ORDERED that: 1. Chief Magistrate Judge Daryl F. Bloom’s Report and Recommendation (Doc. 124) is ADOPTED; 2. O’Donnell’s second amended complaint (Doc. 69) is DISMISSED;

3. Defendants’ motions to dismiss (Docs. 73, 96) 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

5 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 regardless of whether objections were filed). 6

28 U.S.C. § 636

(b)(1); Local Rule 72.31.

Reference

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