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Odom v. Morehead

United States District Court, M.D. Pennsylvania

August 18, 2014

MICHAEL L. ODOM, Plaintiff,
v.
GREGORY MOREHEAD, et al., Defendants.

ORDER

CHRISTOPHER C. CONNER, Chief District Judge.

AND NOW, this 18th day of August, 2014, upon consideration of the report (Doc. 20) of Magistrate Judge Susan E. Schwab, recommending the court grant the motion (Doc. 15) to dismiss by defendant Gregory Morehead ("Morehead") seeking partial dismissal of the complaint (Doc. 1) filed by pro se plaintiff Michael L. Odom ("Odom"), and further recommending the court dismiss the remainder of Odom'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, after an independent review of the record, the court being in agreement with the magistrate judge that the pro se plaintiff has abandoned this case, and it further appearing that Odom did not object to Judge Schwab's report, 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) (noting 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"), and the court cognizant that leave to amend must be liberally granted unless amendment would be inequitable, futile, or cause undue delay, see Grayson v. Mayview State Hosp. , 293 F.3d 103, 114 (3d Cir. 2002), but concluding that dismissal of Odom's complaint (Doc. 1) should be with prejudice because Odom has already been granted leave to file an amended complaint curing certain deficiencies identified by the Magistrate Judge in her initial report and recommendation, (see Docs. 7, 9), but failed to do so, and further because Odom has been silent in the wake of two (2) court orders (Docs. 17, 19) directing him to respond to the pending motion, it is hereby ORDERED that:

1. The report (Doc. 20) of Magistrate Judge Schwab is ADOPTED in its entirety.
2. The unopposed motion (Doc. 15) to dismiss filed by defendant Gregory Morehead is GRANTED. See LOCAL RULE OF COURT 7.6.
3. The complaint (Doc. 1) filed by plaintiff Michael L. Odom is DISMISSED with prejudice for failure to prosecute. See FED. R. CIV. P. 41(b).
4. The Clerk of Court is directed to CLOSE this case.

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