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Allen v. Weis Markets

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


December 10, 2009

ARTIE J. ALLEN, PLAINTIFF
v.
WEIS MARKETS, INC., TIM WOODITCH, UNKNOWN EMPLOYEE NO. 1, UNKNOWN EMPLOYEE NO. 2, MATTHEW B. CLAEYS, AND CUMBERLAND COUNTY JAIL (WARDEN), DEFENDANTS

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 10th day of December, 2009, upon consideration of the joint motion (Doc. 70) to stay the dispositive motion deadline, and upon further consideration of the report of the magistrate judge (Doc. 69), recommending that the above-captioned action be dismissed for failure to prosecute pursuant to Rule 41(b) of the Federal Rules of Civil Procedure, see FED. R. CIV. P. 41(b), and, following an independent review of the record, it appearing that plaintiff has failed to obey Local Rule 7.6 and the order of the magistrate judge dated October 7, 2009, and that the magistrate judge recommends dismissal of the action, and it further appearing that neither party has objected to the magistrate judge's report and recommendation,*fn1 and that there is no clear error on the face of the record,*fn2 see Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (explaining that "failing to timely object to [a report and recommendation] in a civil proceeding may result in forfeiture of de novo review at the district court level"), it is hereby ORDERED that:

1. The report of the magistrate judge (Doc. 69) is ADOPTED.

2. The above-captioned case is DISMISSED for failure to prosecute pursuant to Rule 41(b). See FED. R. CIV. P. 41(b).

3. The motion (Doc. 59) to dismiss the amended complaint is DENIED as moot.

4. The motion (Doc. 78) to stay case management deadlines pending adjudication of defendants' motion to dismiss is DENIED as moot.

CHRISTOPHER C. CONNER United States District Judge


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