Jackson v. Vogus, et al.

Summary

The United States District Court for the Western District of Pennsylvania reviewed a magistrate judge’s Report and Recommendation in a prisoner civil-rights action. The court dismissed the claims without prejudice against all defendants except Defendant Vogus, granted leave to amend within 21 days, and denied the plaintiff’s motion challenging the magistrate judge’s assignment.

Holdings

1. The court adopted the magistrate judge's determination that the plaintiff failed to allege deliberate indifference by defendants other than Vogus and dismissed the claims against those defendants without prejudice.
2. The court held that amendment would not be futile and granted the plaintiff leave to amend the claims against the dismissed defendants within 21 days.
3. The court denied the plaintiff's motion to appeal the assignment of Magistrate Judge Pesto and declined to replace the magistrate judge with a district judge to manage non-dispositive motions and issue reports and recommendations on dispositive motions.
4. The court applied clear-error-or-contrary-to-law review to non-dispositive matters, de novo review to properly objected-to dispositive recommendations, and reasoned consideration to dispositive legal issues lacking objections.

Questions Presented

1. Whether the magistrate judge's recommendation to dismiss the claims against defendants other than Vogus should be adopted.
2. Whether amendment of the claims against the other defendants would be futile or should be permitted.
3. Whether the plaintiff's motion to remove or replace the assigned magistrate judge and have a district judge manage the case should be granted.

Disposition

other