Victor v. Wetzel et al
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; ORDER REFERRING CASE to Magistrate Judge Martin C. Carlson; ; denying 99 Motion ; adopting 102 Report and Recommendations. SEE ORDER FOR ALL INFO; Signed by Honorable Malachy E Mannion on 1/7/22. (ep)
Case 1:20-cv-00425-MEM-MCC Document 112 Filed 01/07/22 Page 1 of 3
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF PENNSYLVANIA
JOHN WETZEL, et al.,
CIVIL ACTION NO. 1:20-425
Presently before the court is the report and recommendation (“Report”)
of Magistrate Judge Martin C. Carlson, (Doc. 102), which recommends that
the court deny the plaintiff William Victor’s motion for injunctive relief, (Doc.
99). Neither party has filed objections.
Even where no objection is made, the court should, as a matter of
good practice, “satisfy itself that there is no clear error on the face of the
record in order to accept the recommendation.” Fed.R.Civ.P.72(b) advisory
committee notes; see also Univac Dental Co. v. Dentsply Intern., Inc., 702
F.Supp.2d 465, 469 (M.D.Pa.2010) (citing Henderson v. Carlson, 812 F.2d
874, 878 (3d Cir.1987) (explaining judges should give some review to every
report and recommendation)). Nevertheless, whether timely objections are
made or not, the district court may accept, not accept, or modify, in whole or
Case 1:20-cv-00425-MEM-MCC Document 112 Filed 01/07/22 Page 2 of 3
in part, the findings or recommendations made by the magistrate judge. 28
U.S.C. §636(b)(1); M.D.Pa. Local Rule 72.31.
In his Report, Judge Carlson notes that, after having his previous
motions for preliminary injunctions denied, Victor filed one more motion that
again seeks injunctive relief against non-parties to the above-captioned
case, based upon allegations that are not legally, logically, temporally, or
topically related to the claims in this lawsuit. Judge Carlson further observes
that Victor’s motion does not comply with the “general rule that a court may
not enter an injunction against a person who has not been made a party to
the case before it.” See Additive Controls & Measurements Sys. Inc. v.
Flowdata, Inc., 96 F.3d 1390, 1394 (Fed. Cir. 1996) (citing Scott v. Donald,
165 U.S. 107, 117 (1897)). For these reasons, Judge Carlson once again
recommends this court deny Victor’s motion for preliminary injunction.
The court has conducted a thorough review of the Report, the
pleadings, and the other filings of record, as well as the applicable law in this
case, and the court agrees with Judge Carlson’s sound reasoning which led
him to his recommendation. Accordingly, the court will adopt the Report in
its entirety as the decision of this court.
NOW, THEREFORE, IT IS HEREBY ORDERED THAT:
Case 1:20-cv-00425-MEM-MCC Document 112 Filed 01/07/22 Page 3 of 3
(1) The Report of Judge Carlson, (Doc. 102), is
ADOPTED IN ITS ENTIRETY;
(2) Victor’s motion for injunctive relief, (Doc. 99), is
(3) The matter is REMANDED to Judge Carlson for
s/ Malachy E. Mannion
MALACHY E. MANNION
United States District Judge
DATE: January 7, 2022
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