Opinion
Civil Action 3:20-CV-799
02-09-2022
Arbuckle Magistrate Judge
ORDER
Robert D. Mariani United States District Judge
AND NOW, THIS 9th DAY OF FEBRUARY 2022, upon consideration of Magistrate Judge William Arbuckle's Report and Recommendation ("R&R") (Doc. 34) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT:
1. The R&R (Doc. 34) is ADOPTED for the reasons set forth therein;
2. Plaintiffs Complaint (Doc. 1) is DISMISSED pursuant to Fed.R.Civ.P. 41(b) or, in the alternative, Defendant's Motion for Summary Judgment (Doc. 23) is GRANTED;
3. The Clerk of Court is directed to CLOSE THIS CASE.
Plaintiff did not file objections to the Report and Recommendation. Although the R&R sent to him at SCI-Smithfield was returned as undeliverable, the Clerk of Court ascertained that Plaintiff had been moved to SCI-Somerset and sent the R&R to the updated address on January 4, 2022. (Doc. 35.) Plaintiff has been advised that he has an affirmative obligation to keep the Court informed of his current address. (Doc. 4 at 1.)