Opinion
2:20cv364
12-14-2020
MALACHI SIMMONS, Plaintiff, v. TERRI A. SOMERS SIP Program Administrator, MARY ROSETTA Parole Manager, Case Analysis PA Board of Probation and Parole, PATRICIA L. VALAURI Deputy District Director Pittsburgh District Northwest Division PA Board of Probation and Parole, EDWARD WAGNER Level 5 Counselor Allegheny County Jail, CAPTAIN HUMGERMAN Records Caption, Allegheny County Jail, BILL MYSTIC Population Control, Allegheny County Jail, MARCI JOHNSON, CINDY WATSON, JOHN TALABER Each Defendant is sued individually and in his or her official capacity, at all times mentioned in this complaint each defendant acted under the color of State Law, and WASHINGTON COUNTY RECORDS DEPARTMENT, Defendants.
Electronic Filing
MEMORANDUM ORDER
This case is before the Court on a Report and Recommendation ("R&R") that was filed by Magistrate Judge Dodge on July 31, 2020. The R&R recommends that this case be dismissed with prejudice as a result of plaintiff's failure to prosecute. This recommendation is based on plaintiff's failure to file a new motion to proceed in forma pauperis as directed following his release from incarceration and/or his failure to submit the forms needed to effectuate service of process. Plaintiff was served with the R&R and informed that the deadline to file objections was August 14, 2020. As of this date plaintiff has failed to 1) file a revised motion for IFP, 2) supply the required forms or 3) file objections to the R&R. Therefore, after de novo review of the record, the following order is now entered:
AND NOW, this 14th day of December, 2020, IT IS ORDERED that this case is dismissed with prejudice for failure to prosecute; and
IT IS FURTHER ORDERED that the Clerk of Court mark this case closed.
The [24] July 31, 2020, Report and Recommendation of Magistrate Judge Dodge is adopted as the Opinion of the Court.
s/David Stewart Cercone
David Stewart Cercone
Senior United States District Judge cc: Malachi Simmons
1126 Craig Street
McKeesport, PA 15132
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