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Gill v. Elder

United States District Court, M.D. Pennsylvania

July 17, 2015

KANTIN GILL, Plaintiff
v.
C.O. DERRELL ELDER, Defendant

ORDER AND JUDGMENT

Christopher C. Conner, Chief Judge United States District Court

AND NOW, this 17th day of July, 2015, upon consideration of the report (Doc. 18) of Chief Magistrate Judge Martin C. Carlson, recommending the court grant defendant’s motion (Doc. 15) for summary judgment and dismiss plaintiff’s single excessive force claim for failure to prosecute this action, 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 defendant’s motion, see L.R. 7.6 (“Any party who fails [to timely file a brief in opposition] shall be deemed not to oppose such motion.”), and further on the merits, and following an independent review of the record, the court in agreement with the Magistrate Judge that plaintiff’s failure to participate in this litigation since its commencement in November of 2014, in connection with plaintiff’s failure to oppose defendant’s instant motion, warrants Rule 41(b) dismissal of the complaint, and further in agreement with the Magistrate Judge that plaintiff’s claims are subject to dismissal on the merits, and it appearing that neither party has objected to the 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) (explaining that the failure to timely object “may result in forfeiture of de novo review at the district court level”), it is hereby ORDERED that:

1. The report (Doc. 18) of Chief Magistrate Judge Carlson is ADOPTED.

2. Defendant’s motion (Doc. 15) for summary judgment is GRANTED.

3. Judgment is ENTERED in favor of defendant C.O. Derrell Elder and against plaintiff Kantin Gill.

4. The Clerk of Court is directed to close this case.


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