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Lindsey v. Lenny

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


January 12, 2010

VICTOR TEON LINDSEY, II, PLAINTIFF
v.
RICHARD H. LENNY D/B/A THE HERSHEY COMPANY, DEFENDANT

The opinion of the court was delivered by: Chief Judge Kane

Magistrate Judge Mannion

MEMORANDUM ORDER

Before the Court is a report and recommendation from Magistrate Judge Malachy E. Mannion filed on November 25, 2009, advising that Plaintiff's complaint be dismissed for failure to prosecute the action under Federal Rule of Civil Procedure 41(b). (Doc. No. 11.) Plaintiff's claims had originally been docketed in two separate proceedings, Case Numbers 09-1236 and 09-1348; however, on August 25, 2009, the cases were consolidated when it was determined that the filings constituted the same claims against the same Defendant. (Doc. No. 8.) In conjunction with consolidating the cases, Magistrate Judge Mannion directed Plaintiff to file an amended complaint on or before September 18, 2009. (Doc. No. 8.) Subsequently, that deadline was extended to September 30, 2009. (Doc. No. 10.) Plaintiff has made no filing with the Court in the three months which have passed since that deadline. Plaintiff has also not responded to the report and recommendation advising that his case be dismissed for failure to prosecute. (Doc. No. 11.)

Upon review of the docket, however, it appears that Plaintiff Lindsey was transferred to another location shortly after he was ordered to file an amended complaint to avoid dismissal of his case.*fn1 Moreover, Magistrate Judge Mannion's report and recommendation that the case be dismissed appears to have been mailed to Plaintiff's previous address and thus may not have been received by Plaintiff.

AND NOW, this 12th day of January 2010, upon consideration of the foregoing, IT IS HEREBY ORDERED that:

1) The Clerk of Court is directed to serve a copy of the report and recommendation (Doc. No. 11) on Plaintiff at his current address;

2) Plaintiff shall file any objections to the report and recommendation on or before Thursday, January 21, 2010. Failure to object to the report and recommendation will be deemed a concurrence that the case should be dismissed.

Yvette Kane, Chief Judge United State District Court


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