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O'Brien v. Campbell

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


October 14, 2010

JOHN JACOB O'BRIEN, PLAINTIFF
v.
WARDEN CAMPBELL, ET AL., DEFENDANTS

The opinion of the court was delivered by: Christopher C. Conner United States District Judge

Judge Conner

ORDER

AND NOW, this 14th day of October, 2010, upon consideration of the order of court (Doc. 36) dated August 13, 2010, ordering plaintiff to file a statement showing cause why the court should not dismiss the above-captioned action for failure to prosecute,*fn1 and it appearing that O'Brien has not complied with the court's directive,*fn2 and the court noting that it may dismiss any claim sua sponte as a result of O'Brien's failure to prosecute and/or failure to comply with court orders, see L.R. 83.3.1 (allowing court to dismiss a claim for failure to prosecute); see also FED. R. CIV. P. 41(b); Briscoe v. Klaus, 538 F.3d 252, 258 (3d Cir. 2008); Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984), and the court concluding that dismissal of the complaint is therefore appropriate, it is hereby ordered that:

1. All claims filed by plaintiff O'Brien against defendants are DISMISSED without prejudice.

2. The motion to dismiss (Doc. 18) is DENIED as MOOT.

3. The Clerk of Court is directed to CLOSE the above-captioned case.


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