Opinion
2:11cv461
03-01-2012
CORNELIUS EDWARD CARTER, Plaintiff, v. MS. MICHELLE WAGNER; ET AL., Defendants.
Electronic Mail
Judge David Stewart Cercone
Magistrate Judge Cynthia Reed Eddy
MEMORANDUM ORDER
The above captioned case was initiated by the filing of a motion to proceed in forma pauperis (ECF No, 1) on April 6, 2011, and was referred to a united states magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the local rules of court.
On January 31, 2012, the Magistrate Judge filed a Report and Recommendation (ECF No. 9) recommending that the case be dismissed for failure to comply with court orders and for failure to prosecute. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until February 17, 2012 to file written objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in this case, together with the Report and Recommendation, the following order is entered:
IT IS HEREBY ORDERED that this action is DISMISSED WITHOUT PREJUDICE due to Plaintiff's failure to comply with court orders and for failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF. No. 9) dated January 31, 2012, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
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David Stewart Cercone
United States District Judge
cc: Cornelius Edward Carter
202 Stephanie Dr.
Easton, PA 18045
(Via First Class Mail)