Markle v. Adams

Filing 73

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 72 Magistrate Judge Schwab's Report and Recommendation is adopted; 56 Defendant's Motion for Summary Judgment is granted; final judgment shall be entered for Defendants on all counts; Clerk directed to close the case. Signed by Honorable Matthew W. Brann on 3/16/2020. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JOSEPH ROBERT MARKLE,

No. 4:18-CV-00157

Plaintiff,

(Judge Brann)

v.
MICHAEL R. ADAMS and
HEATHER SHAFFER-ROCKWELL,
Defendants.
ORDER
MARCH 16, 2020
Plaintiff Joseph Markle filed a complaint alleging violation of his
constitutional rights pursuant to 42 U.S.C. § 1983 by way of unlawful arrest and
incarceration, malicious prosecution, and civil conspiracy.1 On February 25, 2020,
Chief Magistrate Judge Susan E. Schwab issued a Report and Recommendation
recommending that this Court grant the defendant’s motion for summary
judgment.2 No timely objections were filed to this Report and Recommendation.
Where no objection is made to a report and recommendation, this Court will
review the recommendation only for clear error.3 Regardless of whether timely

1

See Amended Compl. (ECF No. 8).

2

See Mot. for Summ. J. (ECF No. 56).

3

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).

objections are made, district courts may accept, reject, or modify—in whole or in
part—the findings or recommendations made by the magistrate judge.4 Upon
review of the record, the Court finds no clear error in Chief Magistrate Judge
Schwab’s conclusion that Defendants are entitled to summary judgment.
Consequently, IT IS HEREBY ORDERED that:
1.

Chief Magistrate Judge Susan E. Schwab’s Report and
Recommendation (ECF No. 72) is ADOPTED.

2.

Defendant’s Motion for Summary Judgment (ECF No. 56) is
GRANTED.

3.

Final judgment shall be entered for Defendants on all counts.

4.

The Clerk of Court is directed to close the case.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

4

28 U.S.C. § 636(b)(1); Local Rule 72.31.

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