Manulli v. Colvert

Filing 34

ORDER: ADOPTING REPORT AND RECOMMENDATIONS 33 ; DISMISSING the action for failure to prosecure; DIRECTING the Clerk to enter judgment in favor of the Commissioner and against the Plaintiff and to close the case file.Signed by Honorable Matthew W. Brann on 5/6/16. (km)

AIN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

JOANNE MANULLI,

Plaintiff,
v.
CAROLYN COLVIN1,
Acting Commissioner of
Social Security,

Defendant.

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Civil Action No. 4:14-CV-2072

(Judge Brann)

(Magistrate Judge Mehalchick)

ORDER
May 6, 2016

On January 27, 2016, Magistrate Judge Karoline Mehalchick, to whom this
matter is jointly assigned, issued a report and recommendation recommending that
the undersigned affirm the decision of the Commission of Social Security denying
Plaintiff, Joanne Manulli, social security benefits, due to the Plaintiff’s failure to
prosecute.

1

The docket incorrectly refers to the defendant as Carolyn Colvert. It is well known that
the Acting Commissioner of Social Security is named Carolyn Colvin.
1

The Court finds that after reviewing the well known ‘Poulis factors,’
dismissal is the appropriate sanction for failure to prosecute and failure to comply
with a court order pursuant to Federal Rule of Civil Procedure 41.2
The report and recommendation of the magistrate judge is ADOPTED IN
FULL. ECF No. 33. The action is DISMISSED for failure to prosecute. The
decision of the Commissioner is AFFIRMED. The Clerk is directed to enter
judgment in favor of the Commissioner and against the Plaintiff. The Clerk is
further directed to close the case file.

BY THE COURT:

s/ Matthew W. Brann
Matthew W. Brann
United States District Judge

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See Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (3d Cir. 1984).
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