Williams v. Schouppe

Full title: CORY BERNARD WILLIAMS, Plaintiff, v. WILLIAM SCHOUPPE WARDEN, ETHEL WHITE…

Court: UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA

Date published: Jul 12, 2019

18cv1319 (W.D. Pa. Jul. 12, 2019)

Opinion

18cv1319

07-12-2019

CORY BERNARD WILLIAMS, Plaintiff, v. WILLIAM SCHOUPPE WARDEN, ETHEL WHITE WARDEN DEPUTY, JENNIFER MONZA TREATMENT STAFF, Defendants.

Arthur J. Schwab United States District Judge

ELECTRONICALLY FILED MEMORANDUM ORDER RE: MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION ( Doc. 14 )

Plaintiff Cory Bernard Williams filed a prisoner civil rights Complaint against Defendants William Schouppe, Ethel White, and Jennifer Monza. (Doc. 3). The case was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72 of the Local Rules for Magistrate Judges. Judge Lenihan, in a Report and Recommendation (the "Report"), filed on June 17, 2019, "recommended that the case be dismissed with prejudice for Plaintiff's failure to prosecute insofar as he has failed to notify the Court as to the change in his Address." See Doc. 14 at 1. Judge Lenihan reached this conclusion only after conducting a well-reasoned and thorough analysis of the factors to be reviewed in determining whether dismissal of Plaintiff's case pursuant to Rule 41(b) of the Federal Rules of Civil Procedure is an appropriate sanction for a plaintiff's failure to prosecute his case. See id. at 3-9 (the court applied factors set forth in Poulis v. State Farm Fire and Casualty Co., 747 F.2d 868 (3d Cir. 1984) to facts of case sub judice in determining dismissal was proper under Rule 41(b)).

Service of the Report was made on Plaintiff at his address of record. Plaintiff was given until July 5, 2019, to file any Objections to the Report. Plaintiff did not file any Objections by July 5, 2019.

Accordingly, after de novo review of the pleadings and the documents in the case, together with the Report and Recommendation, the following Order is entered:

AND NOW, this 12^th day of July, 2019,

IT IS HEREBY ORDERED that the Plaintiff's Complaint is DISMISSED WITH PREJUDICE for Plaintiff's failure to prosecute his case.

IT IS FURTHER ORDERED that the Report and Recommendation (Doc. 14), filed on June 17, 2019, by Magistrate Judge Lenihan, is adopted as the Opinion of the Court.

The Clerk of Court shall mark this case CLOSED.

s/ Arthur J. Schwab

United States District Judge cc: The Honorable Lisa Pupo Lenihan

All ECF Registered Counsel of Record

Cory Bernard Williams

Beaver County Jail

6000 Woodlawn Blvd.

Aliquippa, PA 15001