Nesmith v. Bureau of Prisons

Full title: LERONE NESMITH, Petitioner, v. BUREAU OF PRISONS, et al., Respondents

Court: United States District Court, W.D. Pennsylvania

Date published: Dec 15, 2009

Civil Action No. 09-197 Erie (W.D. Pa. Dec. 15, 2009)

Opinion

Civil Action No. 09-197 Erie.

December 15, 2009

MEMORANDUM ORDER

SEAN McLAUGHLIN, District Judge

This habeas corpus action was received by the Clerk of Court on August 4, 2009 and was referred to United States Magistrate Judge Susan Paradise Baxter for report and recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates.

The Magistrate Judge's Report and Recommendation [Doc. No. 10], filed on November 23, 2009, recommended that Petitioner's case be dismissed for failure to prosecute. Petitioner was allowed ten (10) days from the date of service to file objections and service was made on Petitioner by certified mail. No objections were filed. After de novo review of the documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 15^th day of December, 2009;

IT IS HEREBY ORDERED that the Petitioner's case is DISMISSED for failure to prosecute.

The Report and Recommendation [Doc. No. 10] of Magistrate Judge Baxter, filed on November 23, 2009, is adopted as the opinion of the Court.