Opinion
2:21cv1020
05-18-2023
RICHARD ARRINGTON, Plaintiff, v. BILL SHOUPPE, Warden and ETHEL WHITE Deputy Warden, Defendants.
MEMORANDUM ORDER
DAVID STEWART CERCONE, SENIOR UNITED STATES DISTRICT JUDGE
AND NOW, this 18th day of May, 2023, upon due consideration of defendants' motion to dismiss the Third Amended Complaint, [90] the Report and Recommendation of the Magistrate Judge addressing plaintiffs failure to respond to the same and/or failure to respond to a show cause order by January 5, 2023, and [92] plaintiffs objections of April 13, 2023, and after de novo review of the record, IT IS ORDERED that [86] defendants' motion be, and the same hereby is, granted; and
IT FURTHER IS ORDERED that after balancing the six Poulis factors, this action is dismissed for failure to prosecute. The Report and Recommendation of March 15, 2023, is adopted as the opinion of the court. The Clerk of Court is directed to mark the case closed.
Plaintiff's objections are unavailing. Plaintiff does not challenge the merits of defendants' motion or explain why it should not be granted. Nor does he seek to justify his failure to 1) respond to the court's previous orders or 2) otherwise prosecute this case in a timely manner. Instead, he raises a whole new series of events commencing on March 31, 2023, which of course does not address his dilatoriness from October 27, 2022, through April 13, 2023. And the new series of events is beyond the scope, substance and gravamen of the operative allegations remaining in the Third Amended Complaint in any event. Consequently, the matters raised in the objections do not save this case from dismissal.