United States District Court, W.D. Pennsylvania
December 8, 2005.
WILFREDO SMITH, Plaintiff,
FAYETTE COUNTY PRISON, Defendant.
The opinion of the court was delivered by: DONETTA AMBROSE, District Judge
The above captioned case was received on December 29, 2003, and
was referred to United States Magistrate Judge Ila Jeanne
Sensenich for pretrial proceedings 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 case was
transferred to Magistrate Judge Lisa Pupo Lenihan on April 6,
The magistrate judge's Report and Recommendation filed on
November 9, 2005, recommended that the immediate action be
dismissed for failure to prosecute due to Plaintiff's failure to
complete and Authorization to permit withdrawal of funds from his
prisoner account, or to otherwise pay the filing fee, and for
failing to comply with an order to show cause why this case
should not be dismissed. The Plaintiff was served at Fayette
County Prison, 12 Court Street, Uniontown, Pennsylvania
15401.*fn1 No objections have been filed. After review of
the pleadings and documents in the case, together with the report
and recommendation, the following order is entered:
AND NOW, this 8th day of Dec., 2005;
IT IS HEREBY ORDERED that this action is DISMISSED for
Plaintiff's failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation of
Magistrate Judge Lenihan, dated November 9, 2005, is adopted as
the opinion of the court.
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