Hobson v. Harris

Filing 18

ORDER ADOPTING REPORT 16 of Magistrate Judge Carlson, DISMISSING w/ prejudice amended complaint 12 as to all claims against defts Town of Bellefonte & State Police Unit G, allowing pltf to proceed on his claims against deft Michael Harris, DIREC TING U.S. MARSHAL TO SERVE SUMMONS AND AMENDED COMPLAINT 12 on remaining deft, & REMANDING matter to Magistrate Judge Carlson for further proceedings inc. disposition of pending motion 11 "for preservation of video." (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 6/26/17. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
SHAWN AVERY HOBSON,
Plaintiff
v.
MICHAEL HARRIS, et al.,
Defendants

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CIVIL ACTION NO. 1:17-CV-205
(Chief Judge Conner)

ORDER
AND NOW, this 26th day of June, 2017, upon consideration of the report (Doc.
16) of Magistrate Judge Martin C. Carlson, issued following comprehensive review of
the amended complaint (Doc. 12) of pro se plaintiff Shawn Avery Hobson (“Hobson”)
pursuant to 28 U.S.C. § 1915(e)(2)(B), wherein Judge Carlson recommends that the
court dismiss Hobson’s supervisory liability claims against defendants Town of
Bellefonte and State Police Unit G, but allow Hobson’s claims against defendant
Michael Harris, a Pennsylvania State Police trooper, to proceed, and it appearing
that no party has objected to the report, see FED. R. CIV. P. 72(b)(2), and the court
noting that failure of a party to timely object to a magistrate judge’s conclusions
“may result in forfeiture of de novo review at the district court level,” Nara v. Frank,
488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812 F.2d 874, 878-79 (3d
Cir. 1987)), but that, as a matter of good practice, a district court should “afford some
level of review to dispositive legal issues raised by the report,” Henderson, 812 F.2d t
878; see also Taylor v. Comm’r of Soc. Sec., 83 F. Supp. 3d 625, 626 (M.D. Pa. 2015)
(citing Univac Dental Co. v. Dentsply Int’l, Inc., 702 F. Supp. 2d 465, 469 (M.D. Pa.

2010)), in order to “satisfy itself that there is no clear error on the face of the record,”
FED. R. CIV. P. 72(b), advisory committee notes, and, following independent review of
the record, the court being in full agreement with Judge Carlson’s recommendation,
and concluding that there is no clear error on the face of the record, it is hereby
ORDERED that:
1.

The report (Doc. 16) of Magistrate Judge Carlson is ADOPTED.

2.

Hobson’s amended complaint (Doc. 12) is DISMISSED with prejudice
as to all claims against defendants Town of Bellefonte and State Police
Unit G.

3.

Hobson shall be allowed to proceed on his claims against defendant
Michael Harris.

4.

The United States Marshal is directed to SERVE Hobson’s amended
complaint (Doc. 12) on the remaining defendant.

5.

This matter is REMANDED to Magistrate Judge Carlson for further
proceedings, including disposition of Hobson’s pending motion (Doc.
11) “for preservation of video.”

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania