Walstrum v. Wal-Mart Stores East, LP
Filing
41
ORDER ADOPTING REPORT 40 of Magistrate Judge Arbuckle, GRANTING deft's MTD 36 , DISMISSING pltf's complaint for failure to prosecute & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 1/8/20. (ki)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
JENNIFER WALSTRUM,
Plaintiff
v.
WAL-MART STORES EAST, LP,
Defendant
:
:
:
:
:
:
:
:
:
CIVIL ACTION NO. 1:18-CV-806
(Chief Judge Conner)
ORDER
AND NOW, this 8th day of January, 2020, upon consideration of the
report (Doc. 40) of Magistrate Judge William I. Arbuckle, recommending that the
court grant defendant’s motion (Doc. 36) to dismiss this case for lack of prosecution,
and it appearing that no party has objected to the report, see FED. R. CIV. P. 72(b)(2),
and the court noting that failure of a party to timely object to a magistrate judge’s
conclusions “may result in forfeiture of de novo review at the district court level,”
Nara v. Frank, 488 F.3d 187, 194 (3d Cir. 2007) (citing Henderson v. Carlson, 812
F.2d 874, 878-79 (3d Cir. 1987)), but that, as a matter of good practice, a district court
should afford “reasoned consideration” to the uncontested portions of the report,
E.E.O.C. v. City of Long Branch, 866 F.3d 93, 100 (3d Cir. 2017) (quoting Henderson,
812 F.2d at 879), in order to “satisfy itself that there is no clear error on the face of
the record,” FED. R. CIV. P. 72(b), advisory committee notes, and, following an
independent review of the record, the court being in agreement with Judge
Arbuckle’s recommendation, and concluding that there is no clear error on the face
of the record, it is hereby ORDERED that:
1.
The report (Doc. 40) of Magistrate Judge Arbuckle is ADOPTED.
2.
Defendant’s motion (Doc. 36) to dismiss is GRANTED.
3.
Plaintiff’s complaint (Doc. 1) is DISMISSED for failure to prosecute.
4.
The Clerk of Court is directed to CLOSE the above-captioned case.
/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?