United States District Court, M.D. Pennsylvania
February 24, 2014
CORLIVEETHO McMILLIAN, Plaintiff,
WARDEN JEROME WALSH, et al., Defendants.
CHRISTOPHER C. CONNER, Chief District Judge.
AND NOW, this 24th day of February, 2014, upon consideration of the court's order (Doc. 90) adopting the report and recommendation of Chief Magistrate Judge Martin C. Carlson (Doc. 83), granting defendants' unopposed motion (Doc. 58) for summary judgment, and dismissing 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"), failure to oppose the motion, see LOCAL RULE OF COURT 7.6 ("Any party who fails [to timely file a brief in opposition to the movant's motion] shall be deemed not to oppose such motion."), and on the merits, and further upon consideration of the late-filed objections (Doc. 95) and the motion (Doc. 96) for appointment of counsel filed by plaintiff on today's date, and the court observing that nothing articulated in either document alters the court's conclusion that plaintiff has failed to exhaust his administrative remedies subjecting his claims to dismissal,  see 42 U.S.C. § 1997e(a) ("No action shall be brought with respect to prison conditions under... [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted."), and the court thus concluding that the late-filed objections (Doc. 95) are meritless and affirming its order (Doc. 90) of January 28, 2014, it is hereby ORDERED that:
1. Plaintiff's objections (Doc. 95) to the report and recommendation are overruled.
2. Plaintiff's motion (Doc. 96) for appointment of counsel is DENIED as moot.
3. This case remains CLOSED.