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Montanez v. Beard

April 24, 2006

DOMINGO COLON MONTANEZ, PLAINTIFF,
v.
JEFFREY A. BEARD, PH.D., SECRETARY & COMMISSIONER OF THE PENNSYLVANIA DEPARTMENT OF CORRECTIONS, DEFENDANT



The opinion of the court was delivered by: Judge McClure

Magistrate Judge Mannion

ORDER

BACKGROUND

On November 29, 2004, plaintiff Domingo Colon Montanez, an inmate at the State Correctional Institution at Fayette, LaBelle, Pennsylvania commenced this section 1983 civil rights action against the defendant Secretary Department of Corrections. Plaintiff asserts that the Department of Corrections ("DOC") policy, DC-ADM 005, violates his constitutional rights by depriving him of property without due process in violation of the Fifth and Fourteenth Amendments of the United States Constitution. He asserts that this deprivation occurs when the DOC makes deductions from Montanez's inmate account pursuant to DC-ADM 005, issued pursuant to 42 Pa. C.S.A. § 9728(b)(5). Plaintiff seeks monetary damages in his complaint.

The matter was initially referred to United States Magistrate Judge Malachy Mannion.

On May 20, 2005, defendant Beard filed a motion to dismiss pursuant to Fed. R. Civ. P. 12(b)6 for failure to state a claim upon which relief can be granted. On February 14, 2006, Magistrate Judge Mannion issued a fourteen-page report recommending that Beard's motion to dismiss be granted. Montanez was provided an extension of time to file objections to the report and recommendation and those objections are now before the court.

We will remand the case the magistrate judge in light of the following recent decisions.

DISCUSSION

I. RELEVANT LEGAL STANDARD

A district court reviews de novo those portions of a magistrate judge's report and recommendation to which a party objects. L.R. 72.3. The court may "accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." Id.

II.

II. MONTANEZ'S OBJECTIONS ARE WITHOUT MERIT

On April 10, 2006, Montanez filed an eighteen-page document captioned "Plaintiff's Response w/ Written Objections." (Rec. Doc. No. 57.) Plaintiff's arguments are largely incoherent and determining specific objections to the magistrate's report is difficult despite ...


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