United States District Court, M.D. Pennsylvania
MEMORANDUM AND ORDER
EDWIN M. KOSIK, District Judge.
AND NOW, this 9th day of January, 2014, IT APPEARING TO THE COURT THAT:
(1) Plaintiff, Edward Tarn, a prisoner confined at the Pike County Correctional Facility, Lords Valley, Pennsylvania, filed the instant Bivens civil rights action pursuant to 28 U.S.C. § 1331 on May 7, 2013;
(2) The action was assigned to Magistrate Judge Thomas M. Blewitt for Report and Recommendation;
(3) On December 4, 2013, the Magistrate Judge issued a Report and Recommendation (Doc. 25) wherein he recommended that Plaintiff's case be dismissed without prejudice, in accordance with Fed.R.Civ.P. 41(b) and Poulis v. State Farm Fire and Cas. Co. , 747 F.2d 863, 868 (3d Cir. 1984), on the basis of Plaintiff's failure to comply with a court Order, and failure to prosecute his action by filing a Second Amended Complaint;
(4) Specifically, the Magistrate Judge discusses the history of this case wherein Plaintiff was allowed to file a Second Amended Complaint and advising Plaintiff that failure to file a timely Second Amended Complaint could result in dismissal of this action (Doc. 20);
(5) Plaintiff has failed to file timely objections to the Magistrate Judge's Report and Recommendation;
AND, IT FURTHER APPEARING THAT:
(6) If no objections are filed to a Magistrate Judge's Report and Recommendation, the plaintiff is not statutorily entitled to a de novo review of his claims. 28 U.S.C.A.§636(b)(1)(C); Thomas v. Arn , 474 U.S. 140, 150-53 (1985). Nonetheless, the usual practice of the district court is to give "reasoned consideration" to a magistrate judge's report prior to adopting it. Henderson v. Carlson , 812 F.2d 874, 878 (3d Cir. 1987);
(7) We have considered the Magistrate Judge's Report and we concur with his recommendation;
ACCORDINGLY, IT IS HEREBY ORDERED THAT:
(1) The Report and Recommendation of Magistrate Judge Thomas M. Blewitt dated December 4, 2013 (Doc. 25) is ADOPTED;
(2) Plaintiff's Motion to Proceed in forma pauperis ...