Opinion
Civil Action 20-1559
07-26-2022
STANLEY LEE HERRING, Plaintiff, v. FAYETTE COUNTY PRISON, et al., Defendants.
Honorable Maureen P. Kelly United States Magistrate Judge
The Show Cause Order and Report and Recommendation were sent to Plaintiff at his address of record and Plaintiff has been notified of his obligation to update his address should it change, and is aware of this. (ECF Nos. 4, 61, 70, 74).
Robert J. Colville United States District Judge
Before the Court is the July 7, 2022 Report and Recommendation of the Honorable Maureen P. Kelly (ECF No. 74) recommending that this case be dismissed for failure to prosecute. Objections to Judge Kelly's Report and Recommendation on behalf of unregistered ECF User Plaintiff1 were due by July 25, 2022. No objections were filed, and the matter is now ripe for disposition.
The district court must make a de novo determination of those portions of the report to which objections are made. 28 U.S.C. § 636(b)(1)(C); see also Henderson v. Carlson, 812 F.2d 874, 877 (3d Cir.1987). This Court may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge. The district court judge may also receive further evidence or recommit the matter to the magistrate judge with instructions.
Upon review of the July 7, 2022 Report and Recommendation, as well as a review of the entire record in this matter, including the entry of the show cause order and Plaintiff's failure to respond thereto, as well as the applicable Poulis factors and Fed. R. Ci. P. 41(b), it is hereby ORDERED as follows:
1. The Court hereby adopts the July 7, 2022 Report and Recommendation of the Honorable Maureen P. Kelly (ECF No. 74) as the Court's Opinion;
2. This action is hereby DISMISSED WITH PREJUDICE for failure to prosecute; and
3. The Clerk of Court is hereby directed to mark this case as CLOSED and to terminate all pending motions as MOOT.