Molina v. J. Rivello, et al.

Summary

The United States District Court for the Middle District of Pennsylvania adopted Magistrate Judge Carlson’s Report and Recommendation on Defendants’ motion for summary judgment in Miguel Molina’s 42 U.S.C. § 1983 retaliation action. The court granted summary judgment on the conspiracy claim and the First Amendment retaliation claim concerning cell transfers, but denied it as to retaliation claims involving restricted housing confinement and a facility transfer.

Holdings

1. When no timely objections are filed, the district court reviews the magistrate judge's recommendation for clear error, while retaining authority to accept, reject, or modify the recommendation in whole or in part.
2. Defendants' motion for summary judgment was granted as to Molina's conspiracy claim and his First Amendment retaliation claim relating to cell transfers, but denied as to his First Amendment retaliation claim relating to confinement in the restricted housing unit and facility transfer.

Questions Presented

1. Whether the district court should review the magistrate judge's Report and Recommendation for clear error when no timely objections were filed.
2. Whether defendants' motion for summary judgment should be granted or denied as to Molina's conspiracy claim and First Amendment retaliation claims concerning cell transfers, restricted-housing confinement, and a facility transfer.

Disposition

other