Opinion
3:22-CV-101
02-02-2023
HARRY HAMILTON, Plaintiff v. 113TH PRECINCT COMMANDING OFFICER, etal., Defendants
ORDER
ROBERT D. MARIANI, UNITED STATES DISTRICT JUDGE
AND NOW, THIS 2ND DAY OF FEBRUARY, 2023, upon review of Magistrate Judge Susan Schwab's Report & Recommendation (“R&R”) (Doc. 8) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 8) is ADOPTED for the reasons stated therein.
2. Plaintiff's 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.
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 three months having passed since its issuance on October 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. 8, at 3-6; Poulis v. State Farm Fire and Cas. Co., 747 F.2d 863 (3d Cir. 1984).
3. The Clerk of Court is directed to CLOSE this action.