BROOKING v. D.O.C. AND EMPLOYEES AT SCI CAMP HILL et al

Filing 64

ORDER ADOPTING REPORT AND RECOMMENDATIONS - IT IS HEREBY ORDERED that Magistrate Judge Joseph F. Saporito, Jr.s Report and Recommendation (Doc. 55 ) is ADOPTED; The Court finds that Brooking failed to exhaust his administrativeremedies, and the Cler k of Court is therefore DIRECTED to enter judgment in favor of Defendant; Brookings motion for summary judgment (Doc. 59 ) is DENIED as moot; The Clerk of Court is directed to CLOSE this case. Signed by Chief Judge Matthew W. Brann on 7/20/2023. (nr)

Case 3:15-cv-02134-MWB Document 64 Filed 07/20/23 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MARCUS DION BROOKING,

No. 3:15-CV-02134

Plaintiff,

(Chief Judge Brann)

v.

(Magistrate Judge Saporito)

SERGENT CLEAVER,
Defendant.
ORDER
JULY 20, 2023
Marcus Dion Brooking, a Pennsylvania state prisoner, filed this civil rights
complaint alleging that Defendant violated his Eighth Amendment rights related to
allegedly delayed dental treatment.1 In April 2023, Magistrate Judge Joseph F. Saporito,
Jr., issued a Report and Recommendation recommending that this Court find that
Brooking failed to exhaust his administrative remedies and enter judgment in
Defendant’s favor based upon said failure.2 After receiving an extension of time,
Brooking filed timely objections to the Report and Recommendation.3
“If a party objects timely to a magistrate judge’s report and recommendation, the
district court must ‘make a de novo determination of those portions of the report or
specified proposed findings or recommendations to which objection is made.’”4

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2
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Doc. 5.
Doc. 55.
Docs. 57, 58.
Equal Emp’t Opportunity Comm’n v. City of Long Branch, 866 F.3d 93, 99 (3d Cir. 2017)
(quoting 28 U.S.C. § 636(b)(1)).

Case 3:15-cv-02134-MWB Document 64 Filed 07/20/23 Page 2 of 2

Regardless of whether timely objections are made, district courts may accept, reject, or
modify—in whole or in part—the magistrate judge’s findings or recommendations.5
After conducting a de novo review of the Report and Recommendation, the Court finds
no error in Magistrate Judge Saporito’s recommendation that the Court find that
Brooking failed to exhaust his administrative remedies as to any request for monetary
damages. Consequently, IT IS HEREBY ORDERED that:
1.

Magistrate Judge Joseph F. Saporito, Jr.’s Report and Recommendation
(Doc. 55) is ADOPTED;

2.

The Court finds that Brooking failed to exhaust his administrative
remedies, and the Clerk of Court is therefore DIRECTED to enter
judgment in favor of Defendant;

3.

Brooking’s motion for summary judgment (Doc. 59) is 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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28 U.S.C. § 636(b)(1); Local Rule 72.31.
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