Benjamin Harris Stipe v. Commonwealth of Pennsylvania

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA BENJAMIN HARRIS STIPE, : Civil No. 1:24-CV-01894 : Plaintiff, : : v. : : COMMONWEALTH OF : PENNSYLVANIA, : : Defendant. : Judge Jennifer P. Wilson MEMORANDUM Before the court is the report and recommendation of United States Magistrate Sean A. Camoni recommending that the court consolidate this action with Plaintiff’s related action, 1:23-CV-01368, deny Defendant’s motion to dismiss as moot, and close this case. (Doc. 39.) Judge Camoni thoroughly analyzes why it is proper to sua sponte consolidate Plaintiff’s cases. (Id.) Plaintiff filed an objection that appears to be rearguing his complaint but does not address the report and recommendation’s analysis or conclusions. (Doc. 40.) The court will liberally construe this as general objection to the report and recommendation.

When a party raises only general objections to a report and recommendation, a district court is not required to conduct a de novo review of the report and recommendation. Goney v. Clark, 749 F.2d 5, 6–7 (3d Cir. 1984). “To obtain de novo determination of a magistrate’s findings by a district court, 28 U.S.C. § 636(b)(1) requires both timely and specific objections to the report.” Id. at 6.

Thus, when reviewing general objections to a report and recommendation, the court’s review is limited “to ascertaining whether there is ‘clear error’ or ‘manifest injustice’” on the face of the record. Boomer v. Lewis, No. 3:06-CV-00850, 2009 WL 2900778, at *1 (M.D. Pa. Sept. 9, 2009).

The court has reviewed Judge Camoni’s report and recommendation and finds no clear error or manifest injustice on the face of the record. The objection simply reargues the allegations of the complaint and other matters unrelated to the report and recommendation. Accordingly, the court will adopt the report and recommendation, Doc. 39, consolidate this matter with 1:23-CV-01368, deny Defendant’s motion to dismiss as moot, Doc. 11, and close this case. An appropriate order will follow. s/Jennifer P. Wilson JENNIFER P. WILSON United States District Judge Middle District of Pennsylvania Dated: March 10, 2026