Opinion
Civil Action No. 05-1439.
January 9, 2005
ORDER
The above captioned case was initiated on October 15, 2005 by the filing of a Motion to Proceed In Forma Pauperis (Doc. No. 1) accompanied by a Complaint. It was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.
The Magistrate Judge's Report and Recommendation (Doc. No. 13), filed on December 14, 2006, recommended that the Complaint (Doc. No. 3) be dismissed due to Plaintiffs failure to prosecute this action. The Plaintiff was served at SCI Retreat, 660 State Route 11, Hunlock Creek, PA 18621 and on counsel for the Defendant. The parties were advised they were allowed ten (10) days from the date of service to file written objections to the report and recommendation. No objections have been filed. After review of the pleadings and documents in the case, together with the report and recommendation, the following order is entered:
IT IS HEREBY ORDERED that Plaintiff's Complaint (Doc. No. 3) is DISMISSED for failure to prosecute this action. IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 13) of Magistrate Judge Lenihan, dated December 14, 2006, is adopted as the opinion of the court.