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Charles Whitney v. R. Barkley; Samuel J. Rymarowicz; Marry Ann Lockett; Brian V.

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


March 30, 2011

CHARLES WHITNEY, PLAINTIFF,
v.
R. BARKLEY; SAMUEL J. RYMAROWICZ; MARRY ANN LOCKETT; BRIAN V. COLEMAN; RHONDA HOUSE; MR. BUZAS; MR. WALKER; CORRECTIONAL OFFICER JOHN DOE 1; AND CORRECTIONAL OFFICER JOHN DOE 2, DEFENDANTS.

The opinion of the court was delivered by: Joy Flowers Conti U.S. District Judge

Judge Conti/ Magistrate Judge Bissoon

MEMORANDUM ORDER

The above-captioned pro se prisoner civil rights action filed by Charles Whitney ("Plaintiff") was received by the Clerk of Court on December 20, 2010, and was referred to a magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.

The magistrate judge's Report and Recommendation, ECF No. [4], filed on February 9, 2011, recommended that the case be dismissed due to Plaintiff's failure to prosecute and/or obey a court order, which required Plaintiff to either pay the filing fee or file a motion for leave to proceed in forma pauperis. Service of the Report was made on the Plaintiff at his address of record. Plaintiff was informed that, in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and the local rules, he had a specific period of time in which to file his objections. Plaintiff filed no objections.

Accordingly, after de novo review of the pleadings and the documents in the case, together with the Report and Recommendation, the following order is entered:

AND NOW, this 30th day of March, 2011,

IT IS HEREBY ORDERED that the case is dismissed with prejudice for Plaintiff's failure to obey a court order.

IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. [4], filed on February 9, 2011 by Magistrate Judge Cathy Bissoon, is adopted as the opinion of the Court. The Clerk is to mark the case closed.

Joy Flowers Conti

cc:

The Honorable Cathy Bissoon United States Magistrate Judge Charles Whitney DM 3996 S.C.I. at Smithfield P.O. Box 999, 1120 Pike Street Huntingdon, PA 16652

20110330

© 1992-2011 VersusLaw Inc.



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