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McMillian v. Walsh

United States District Court, Third Circuit

January 28, 2014

CORLIVEETHO MCMILLIAN, Plaintiff,
v.
WARDEN JEROME WALSH, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 28th day of January, 2014, upon consideration of the report and recommendation of Chief Magistrate Judge Martin C. Carlson (Doc. 83), recommending the court grant the defendants' motion (Doc. 58) for summary judgment and dismiss the pro se plaintiff's complaint (Doc. 1) for failure to prosecute pursuant to Federal Rule of Civil Procedure 41, see FED. R. CIV. P. 41(b) (permitting court to dismiss lawsuit if "the plaintiff fails to prosecute or to comply with these rules or a court order") and failure to oppose the motion, see LOCAL RULE OF COURT 7.6 ("Any party who fails [to timely file a brief in opposition] shall be deemed not to oppose such motion."), and also on the merits, and, following an independent review of the record, the court being in agreement with the magistrate judge that the pro se plaintiff's claims against nineteen of his jailers are subject to dismissal for failure to exhaust administrative remedies, a result compelled by the Prison Litigation Reform Act, 42 U.S.C. ยง 1997e(a), and it further appearing that the plaintiff has also failed to object to the report despite a generous extension of time in which to do so, (see Doc. 85), and that there is no clear error on the face of the record, [1] 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. 83) is ADOPTED in its entirety.
2. The defendants' motion (Doc. 58) for summary judgment is GRANTED in its entirety.
3. Judgment is ENTERED in favor of the defendants and plaintiff's complaint (Doc. 1) is DISMISSED.
4. Plaintiff's motion (Doc. 88) for a preliminary injunction filed January 27, 2014, is DENIED as moot.
5. The Clerk of Court is directed to CLOSE this case.

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