Stipe v. Commonwealth of Pennsylvania

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IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
BENJAMIN HARRIS STIPE,
Plaintiff,
v.
COMMONWEALTH OF
PENNSYLVANIA,
Defendant.
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Civil No. 1:24-CV-01894
Judge Jennifer P. Wilson
MEMORANDUM
Before the court is the report and recommendation of United States
Magistrate Sean A. Camoni recommending that the court consolidate this action
with Plaintiff’s related action, 1:23-CV-01368, deny Defendant’s motion to
dismiss as moot, and close this case. (Doc. 39.) Judge Camoni thoroughly
analyzes why it is proper to sua sponte consolidate Plaintiff’s cases. (Id.) Plaintiff
filed an objection that appears to be rearguing his complaint but does not address
the report and recommendation’s analysis or conclusions. (Doc. 40.) The court
will liberally construe this as general objection to the report and recommendation.
When a party raises only general objections to a report and recommendation,
a district court is not required to conduct a de novo review of the report and
recommendation. Goney v. Clark, 749 F.2d 5, 6–7 (3d Cir. 1984). “To obtain de
novo determination of a magistrate’s findings by a district court, 28 U.S.C.
§ 636(b)(1) requires both timely and specific objections to the report.” Id. at 6.
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Thus, when reviewing general objections to a report and recommendation, the
court’s review is limited “to ascertaining whether there is ‘clear error’ or ‘manifest
injustice’” on the face of the record. Boomer v. Lewis, No. 3:06-CV-00850, 2009
WL 2900778, at *1 (M.D. Pa. Sept. 9, 2009).
The court has reviewed Judge Camoni’s report and recommendation and
finds no clear error or manifest injustice on the face of the record. The objection
simply reargues the allegations of the complaint and other matters unrelated to the
report and recommendation. Accordingly, the court will adopt the report and
recommendation, Doc. 39, consolidate this matter with 1:23-CV-01368, deny
Defendant’s motion to dismiss as moot, Doc. 11, and close this case. An
appropriate order will follow.
s/Jennifer P. Wilson
JENNIFER P. WILSON
United States District Judge
Middle District of Pennsylvania
Dated: March 10, 2026
Case 1:24-cv-01894-JPW Document 41 Filed 03/10/26 Page 2 of 2