Boyer v. Donkochik et al

Filing 84

ORDER ADOPTING REPORT AND RECOMMENDATION - IT IS HEREBY ORDERED that 78 Magistrate Judge Saporito's Report and Recommendation is adopted; 75 Plaintiff's Motion for Dismissal of all claims against Stephen Mazzeo is granted; this matter is remanded to Magistrate Judge Saporito for further proceedings. Signed by Honorable Matthew W. Brann on 6/4/2021. (lg)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BRIAN E. BOYER,

No. 4:19-CV-01434

Plaintiff,

(Judge Brann)

v.

(Magistrate Judge Saporito)

DAVID DONKOCHIK, et al.,
Defendants.
ORDER
JUNE 4, 2021
Brian Boyer filed this federal civil rights action alleging excessive force and
failure to protect claims relating to his arrest and detention on a technical parole
violation warrant.1 On March 1, 2021, Magistrate Judge Joseph F. Saporito, Jr.
issued a Report and Recommendation recommending that this Court grant the
Plaintiff’s motion for voluntary dismissal of all claims against Stephen Mazzeo.2
Defendants have not filed objections to the 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 objections
are made, District Courts may accept, reject, or modify—in whole or in part—the

1
2
3

Doc. 78.
Doc. 78.
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).

findings or recommendations made by the magistrate judge.4 Upon review of the
record, the Court finds no error—clear or otherwise—in Magistrate Judge Saporito’s
conclusion that this Court grant the Plaintiff’s motion for voluntary dismissal of all
claims against Stephen Mazzeo. Consequently, IT IS HEREBY ORDERED that:
1.

Magistrate Judge Joseph F. Saporito, Jr.’s Report and Recommendation
(Doc. 78) is ADOPTED;

2.

Plaintiff’s motion for voluntary dismissal of all claims against Stephen
Mazzeo is GRANTED.

3.

This matter is REMANDED to Magistrate Judge Saporito for further
proceedings.

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.
2