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Johnson v. Flenke

United States District Court, Middle District of Pennsylvania
Oct 24, 2023
CIVIL 1:22-cv-0731 (M.D. Pa. Oct. 24, 2023)

Opinion

CIVIL 1:22-cv-0731

10-24-2023

DWAYNE JOHNSON, Plaintiff, v. RYAN FLENKE, et al., Defendants.


ORDER

SYLVIA H. RAMBO, UNITED STATES DISTRICT JUDGE

AND NOW, this 24th day of October, 2023, upon consideration of the magistrate judge's report and recommendation (Doc. 33) which recommends that this case be dismissed for failure to prosecute, and noting that Plaintiff has not filed objections to the report and recommendation and the time for doing so has passed, and the court having satisfied itself that there is no clear error on the face of the record, Fed.R.Civ.P. 72(b), advisory committee notes; see also Univac Dental Co. v. Dentsply Intern., Inc., 702 F.Supp.2d 465, 469 (M.D. Pa. 2010) (explaining that judges should review dispositive legal issues raised by the report for clear error), IT IS HEREBY ORDERED as follows:

1) The Report and Recommendation (Doc. 33) is ADOPTED;
2) This case is DISMISSED WITH PREJUDICE for failure to prosecute;
3) The Clerk of Court is DIRECTED to close this case; and
4) The court declines to issue a certificate of appealability, as the plaintiff has failed to demonstrate a “substantial showing of the denial of a constitutional
right.” 28 U.S.C. § 2253(c)(2); see also Buck v. Davis, 137 S.Ct. 759, 773-75 (2017); Miller-El v. Cockrell, 537 U.S. 322, 335-36 (2003); Slack v. McDaniel, 529 U.S. 473, 484 (2000).


Summaries of

Johnson v. Flenke

United States District Court, Middle District of Pennsylvania
Oct 24, 2023
CIVIL 1:22-cv-0731 (M.D. Pa. Oct. 24, 2023)
Case details for

Johnson v. Flenke

Case Details

Full title:DWAYNE JOHNSON, Plaintiff, v. RYAN FLENKE, et al., Defendants.

Court:United States District Court, Middle District of Pennsylvania

Date published: Oct 24, 2023

Citations

CIVIL 1:22-cv-0731 (M.D. Pa. Oct. 24, 2023)