Opinion
C. A. 22-335 Erie
12-16-2024
JARVIS R. BURNS, Plaintiff, v. AMERIFINANCIAL SOLUTIONS, et al., Defendants.
THE HONORABLE RICHARD A. LANZILLO, CHIEF U.S. MAGISTRATE JUDGE
MEMORANDUM ORDER
SUSAN PARADISE BAXTER, UNITED STATES DISTRICT JUDGE
Plaintiff Jarvis R. Bums, Jr., an inmate incarcerated at the Federal Correctional Institution art McKean in Bradford, Pennsylvania (“FCI-McKean”), initiated this action in the Court of Common Pleas of Erie County, Pennsylvania, by filing a pro se complaint against Defendants Amerifmancial Solutions (“Amerifmancial”), Kay Jewelers, and Nationwide Recovery Systems (“Nationwide”). The action was subsequently removed to this Court pursuant to a Notice of Removal dated November 2, 2022. [ECF No. 1]. This matter was referred to Chief United States Magistrate Judge Richard A. Lanzillo for report and recommendation 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.
Defendants Kay Jewelers and Nationwide were previously dismissed from this case [ECF Nos. 14, 27], leaving Amerifmancial as the only remaining Defendant. On July 3, 2024, Defendant Amerifmancial filed a motion for summary judgment [ECF No. 24], and according to this Court's Case Management Order [ECF No. 15], Plaintiffs response to said motion was due to be filed by August 2, 2024. After Plaintiff failed to file a response, Chief Magistrate Judge Lanzillo issued a show cause order directing Plaintiff to explain his failure to respond to Defendants' motion as required, or to simply file a response, by September 13, 2024 [ECF No. 28]. The show cause order farther stated that Plaintiffs failure to comply with the order would be construed as indicating Plaintiffs decision to not continue prosecution of this case.
As a result of Plaintiffs failure to comply with his show cause order, Judge Lanzillo issued a Report and Recommendation ("R&R") on November 12, 2024, recommending dismissal of this case for Plaintiff's failure to prosecute [ECF No. 29]. Objections to the R&R were due from Plaintiff by November 29, 2024; however, Plaintiff has failed to file any objections to date.
After de novo review of the documents in this case, together with the report and recommendation, the following order is entered:
AND NOW, this 16th day of December, 2024;
IT IS HEREBY ORDERED that this case is DISMISSED for Plaintiffs failure to prosecute, and Defendant Amerifinancial's motion for summary judgment [ECF No. 24] is DISMISSED as moot. The report and recommendation of Chief Magistrate Judge Lanzillo, issued November 12, 2024 [ECF No. 29] is adopted as the opinion of the court.
The Clerk is directed to mark this case CLOSED.