Cannon v. Moore

Full title: KENNETH CANNON, Plaintiff v. KERI MOORE, et al., Defendants

Court: United States District Court, Middle District of Pennsylvania

Date published: Jul 25, 2022

1:19-CV-1700 (M.D. Pa. Jul. 25, 2022)

Opinion

1:19-CV-1700

07-25-2022

KENNETH CANNON, Plaintiff v. KERI MOORE, et al., Defendants

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE

ORDER

ROBERT D. MARIANI UNITED STATES DISTRICT JUDGE

AND NOW, THIS 25^th DAY OF JULY, 2022, upon review of Magistrate Judge Schwab's Report & Recommendation (“R&R”) (Doc. 66) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:

1. The R&R (Doc. 66) is ADOPTED for the reasons stated therein.

2. Plaintiffs action is DISMISSED pursuant to Fed.R.Civ.P. 41 (b) for failure to comply with the Court's Orders and for failure to prosecute this action.¹

1 Judge Schwab's reasoning and conclusion that Plaintiff has failed to prosecute and has abandoned this action is further supported by Plaintiffs failure to file any Objections to the pending R&R despite over one month having passed since its issuance on June 17,2022. The Court also agrees with the R&R's findings that an application of the Poulis factors further supports the dismissal of this action. See Doc. 66, at 12-16; Poulis v. State Farm Fire and Cas. Co., 747 F.2d 863 (3d Cir. 1984).

3. Defendants' Motion for Summary Judgment (Doc. 57) is DISMISSED AS MOOT.

4. The Clerk of Court is directed to CLOSE this action.