Opinion
Civil No. 1:10-CV-2561
12-21-2011
DAWN MARIE BALL, Plaintiff v. LT. BOWER, et al., Defendants
(Chief Judge Kane)
(Magistrate Judge Carlson)
ORDER
NOW, on this 21st day of December 2011, IT IS HEREBY ORDERED THAT upon a de novo review of Magistrate Judge Carlson's October 13, 2011 Report and Recommendation (Doc. No. 31) and Plaintiff Dawn Marie Ball's objections thereto (Doc. Nos. 33, 34), the Report and Recommendation (Doc. No. 31) is ADOPTED and Defendants Warden, Lycoming County Jail, Jane Doe and John Doe's motion to dismiss (Doc. No. 11) is GRANTED.
The objections relate solely to the Court's order referring this matter to Magistrate Carlson without Plaintiff's consent. As has been noted by both this Court and Magistrate Judge Carlson, the Federal Magistrates Act grants the Court the authority to refer matters to a magistrate judge without the consent of the parties including pretrial matters, 28 U.S.C. § 636(b)(1)(A), as well as dispositive motions, 28 U.S.C. § 636(b)(1)(B)-(C). See, e.g., Beazer E., Inc. v. Mead Corp., 412 F.3d 429, 438 (3d Cir. 2005) ("The Magistrates Act authorizes district courts to appoint magistrate judges to consider pretrial matters without regard to the parties' consent."); In re U.S. Healthcare, 159 F.3d 142, 145 (3d Cir. 1998) (noting district courts may refer dispositive motions to a magistrate judge for a report and recommendation without a party's consent).
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Yvette Kane, Chief Judge
United States District Court
Middle District of Pennsylvania