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Carter v. Wintruba

United States District Court, Western District of Pennsylvania

June 27, 2014

JASON L. CARTER, Plaintiff,
v.
POLICE OFFICER WINTRUBA, et al., Defendants.

ORDER OF COURT [1]

Cynthia Reed Eddy United States Magistrate Judge

On June 9, 2014, this Court issued a Memorandum Opinion analyzing Plaintiff Jason L. Carter’s failure to respond to several dispositive motions according to the standards enunciated in Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1994), finding:

At least four of the six Poulis factors weigh strongly in favor of dismissal. Accordingly, this action should be dismissed with prejudice for Plaintiff's failure to prosecute.
Out of an abundance of caution, however, this Court will give Plaintiff one final opportunity to respond to the dispositive motions on or before June 23, 2014. Failing to do so, this Court will enter an order dismissing his case with prejudice and without further notice.

Memorandum Opinion (ECF No. 44), at 6.

Plaintiff has not responded nor has he sought any enlargements of time within which to respond. The Court finds that Plaintiff has abandoned his claims, and this case will therefore be dismissed with prejudice for failure to prosecute.

IT IS HEREBY ORDERED, this 27th day of June, 2014, that the Motion to Dismiss to be Treated as a Motion for Summary Judgment (ECF No. 28) filed on behalf of Police Officer James M. Wintruba, Police Officer John Sopcak, Police Officer Ian Strang and the Borough of Homestead, the Motion to Dismiss (ECF No. 35) filed on behalf of the Borough of West Homestead and the West Homestead Police Department, and Police Officer Jason Trout’s Motion for Summary Judgment (ECF No. 39) are DENIED AS MOOT.

This case is dismissed and the Clerk of Court is directed to mark this case closed.


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