govinfo:USCOURTS-pawd-1_25-cv-00050-1

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
  
PATRICK C. MATTHEWS, 
 
  Plaintiff, 
 
 v.  
 
VENANGO COUNTY JAIL, 
 
  Defendant. 
 
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No. 1:25-cv-50 
 
District Judge Robert J. Colville 
Magistrate Judge Maureen P. Kelly 
 
 
 
 
ORDER OF COURT 
Currently pending before the Court is the Report and Recommendation (ECF No. 30) filed 
by the Honorable Maureen P. Kelly  in the above-captioned matter.  Judge Kelly’s February 10, 
2026 Report and Recommendation recommends that the Court dismiss Plaintiff’s Complaint (ECF 
No. 10) with prejudice in part and without prejudice in part  pursuant to 28 U.S.C. § 
1915(e)(2)(B)(ii) as frivolous, malicious, and/or for failure to state a claim on which relief may be 
granted.  Objections to the Report and Recommendation were due by February 27, 2026.  No 
objections were filed, and the Court considers this matter to be ripe for disposition. 
Objections to a magistrate judge’s disposition of a dispositive matter are subject to de novo 
review before the district judge.  28 U.S.C. § 636(b)(1) (B)-(C); Fed. R. Civ. P. 72(b)(3).  The 
reviewing district court must make a de novo determination of those portions of the magistrate 
judge’s report and recommendation to which objections are made.  Id.  Following de novo review, 
“[t]he district judge may accept, reject, or modify the recommended disposition; receive further 
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evidence; or return the matter to the magistrate judge with instructions.”  Fed. R. Civ. P. 72(b)(3).  
The United States Court of Appeals for the Third Circuit has explained that, “even absent 
objections to the report and recommendation, a district court should ‘afford some level of review 
to dispositive legal issues raised by the report,’” and has “described this level of review as 
‘reasoned consideration.’”  Equal Employment Opportunity Comm’n v. City of Long Branch, 866 
F.3d 93, 100 (3d Cir. 2017) (quoting Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)). 
Upon reasoned consideration of Judge Kelly’s Report and Recommendation, and following 
review of all relevant docket entries, it is hereby ORDERED as follows: 
The Court agrees with the thorough and well -reasoned analysis set forth in Judge Kelly ’s 
Report and Recommendation, and the Court accepts and adopts Judge Kelly ’s Report and 
Recommendation in its entirety as the opinion of the Court  with respect to Plaintiff’s Complaint.  
It is hereby further ORDERED as follows: 
1) Plaintiff’s Complaint is dismissed  with prejudice in part and without prejudice in part  
pursuant to 28 U.S.C. § 1915(e)(2)(B)(ii)  for failure to allege facts sufficient to state a 
claim. 
2) Plaintiff’s claims against Defendant Venango County Jail are hereby dismissed with 
prejudice. 
3) Any claim based upon Plaintiff receiving only one grievance form when he requested a 
stack of fifty is dismissed with prejudice. 
4) Plaintiff’s municipal claim with respect to his request for medication is dismissed without 
prejudice to Plaintiff filing an amended com plaint including specific allegations of fact 
regarding any alleged policy or custom underlying the same, and against a proper 
municipal defendant. 
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5) Plaintiff’s ADA claim is dismissed without prejudice to Plaintiff filing an amended 
complaint naming a proper public entity and asserting specific allegations supporting such 
a claim. 
6) Any amended complaint shall be filed by May 15, 2026.  Failure to file an amended 
complaint by this deadline will result in dismissal of this matter with prejudice. 
 
BY THE COURT: 
 
/s/Robert J. Colville_______ 
Robert J. Colville 
                                                                                                            United States District Judge 
 
DATED: April 17, 2026 
 
 
 
cc:  
 
Patrick C. Matthews 
24-2191 
Venango County Prison 
1186 Elk Street 
Franklin, PA 16323 
 
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