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SMITH v. BROWNSVILLE POLICE DEPARTMENT

United States District Court, W.D. Pennsylvania


December 9, 2005.

WILFREDO SMITH, Plaintiff,
v.
BROWNSVILLE POLICE DEPARTMENT and AUTUM FIKE, Defendants.

The opinion of the court was delivered by: DONETTA AMBROSE, District Judge

MEMORANDUM ORDER

The above captioned case was received on November 26, 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. ยง 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, 2004.

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.

20051209

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