Summary
This federal district court order adopts a magistrate judge's report and recommendation, granting the defendants' motion to dismiss in a prisoner's civil rights action under 42 U.S.C. § 1983. The plaintiff alleged an assault while incarcerated and improper handling of his grievance. Finding no clear error in the magistrate's analysis, the court dismissed two named defendants and remanded the case for further proceedings.
Topics
Practice areas
Questions Presented
- Whether the district court should adopt the magistrate judge's recommendation to grant the motion to dismiss.
- Whether the motion to dismiss should be granted.
Holdings
- The court adopted the magistrate judge's recommendation and granted the motion to dismiss.
- The motion to dismiss was granted and Defendants Leech and Heist were dismissed from the action.
Key quotations
“Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.”
“Upon review of the record, the Court finds no error—clear or otherwise—in Magistrate Judge Latella’s recommendation that Leech and Heist be dismissed from this action.”
Factual background
Andrew J. Allam, Sr., a prisoner, alleged that he was assaulted while incarcerated and that prison officials failed to properly handle his grievance.
Procedural history
Plaintiff filed a 42 U.S.C. §1983 complaint. Defendants filed a motion to dismiss. Magistrate Judge Leo A. Latella issued a Report and Recommendation granting the motion. No objections were filed. The district court reviewed the recommendation for clear error, found none, adopted it, granted the motion, dismissed the defendants, and remanded for further proceedings.
Remand instructions
The matter is remanded to Magistrate Judge Leo A. Latella for further proceedings.