Brown v. Havens

Filing 30

ORDER ADOPTING REPORT AND RECOMMENDATION of Magistrate Judge Arbuckle; DISMISSING case w prejudice for failure to prosecute; Dfts' motion to dismiss is moot; Clerk of Court is directed to CLOSE this case. Signed by Honorable Julia K Munley on 6/4/24. (sm)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
No. 4:23cv878

EUGENE M. BROWN,
Plaintiff

(Judge Munley)
v.
(Magistrate Judge Arbuckle)
DETECTIVE TYSON HAVENS,
Defendant

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ORDER
Presently before the court is the Report and Recommendation ("R&R") of

Magistrate Judge William I. Arbuckle recommending that the defendant's motion
to dismiss/motion for summary judgment be deemed moot and this case be
dismissed with prejudice for failure to prosecute. (Doc. 29). No objections to the
R&R have been filed and the time for such filing has passed.
In deciding whether to adopt the report and recommendation when no
timely objection is filed , the court must determine if a review of the record
evidences plain error or manifest injustice. FED . R. CIv. P. 72(b ), 1983 Advisory
Committee Notes ("When no timely objection is filed , the court need only satisfy
itself that there is no clear error on the face of the record to accept the
recommendation"); see also 28 U.S.C . § 636(b)(1 ); Sullivan v. Cuyler, 723 F.2d
1077, 1085 (3d Cir. 1983).

After a careful review , Magistrate Judge Arbuckle cogently applied the
Paulis factors in recommending the dismissal of plaintiff's action with prejudice
for failure to prosecute. See Paulis v. State Farm Fire and Cas . Co. , 747 F.2d
863 , 868 (3d Cir. 1984 ). The court thus finds neither clear error on the face of
the record nor a manifest injustice, and therefore, the court shall accept the R&R
and adopt it in its entirety. It is hereby ORDERED as follows:
1) The R&R (Doc. 29) is ADOPTED in its entirety;
2) Plaintiff's action is DISMISSED with prejudice for failure to prosecute
pursuant to Federal Rule of Civil Procedure 41 (b );
3) Defendants' motion to dismiss and/or motion for summary judgment
(Doc. 20) is moot; and
4) The Clerk of Court is directed to close this case.

BY THE COURT:

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