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).