Summary
The United States District Court for the Middle District of Pennsylvania overruled Michael J. Robinson’s objections to a magistrate judge’s report and recommendation. The court adopted the recommendation, dismissed Robinson’s second amended complaint with prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), dismissed related motions as moot, and directed the Clerk of Court to close the case.
Holdings
- General objections that merely express disagreement with a report and recommendation and do not address the magistrate judge's analysis do not require the district court to conduct a complete de novo determination of the underlying issues.
- The second amended complaint failed to state any claim upon which relief could be granted and was properly dismissed under 28 U.S.C. § 1915(e)(2)(B)(ii).
- Further leave to amend was denied because amendment would be futile.
- The motions associated with the second amended complaint were dismissed as moot following dismissal of the complaint.
Questions Presented
- Whether Robinson's general objections required the district court to conduct a complete de novo review of the magistrate judge's report and recommendation.
- Whether Robinson's second amended complaint stated any claim upon which relief could be granted.
- Whether further leave to amend should be granted.
- Whether motions associated with the second amended complaint remained viable after dismissal.
Disposition
dismissed
Cases Cited (3)
- Henderson v. Carlson, 812 F.2d 874, 877 (3d Cir. 1987)(followed)
- Goney v. Clark, 749 F.2d 5, 7 (3d Cir. 1984)(followed)
- Erickson v. Pardus, 551 U.S. 89, 94 (2007)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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