TINDELL v. DEPARTMENT OF CORRECTIONS et al

Filing 7

ORDER adopting 5 Report and Recommendation. Signed by Judge Donetta W. Ambrose on 8/15/2012. (sps)

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--- -------- IN THE UNITED STATES DISTRIC COURT FOR THE WESTERN DISTRICT OF PK ~_SYLV ANIA ARCHIE TINDELL, Plaintiff, v. DEPT. OF CORRECTIONS, et aI, Defendants. ) ) ) ) ) ) C.A. No. 2·121 Erie MEMORANDUM ORDER Plaintiffs complaint was received by the Cler1 of Court on May 21, 2012, and was referred to United States Magistrate Judge Susan Pa adise Baxter for report and recommendation in accordance with the Magistrates Act, 281 U.S.c. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrates. The magistrate judge's report and recommencation, issued on July 17, 2012, recommended that the instant action be dismissed due to Plainti r s failure to prosecute thi~ case. The parties were allowed ten (10) days from the date of service to file objections. Service was made on Plaintiff by mail at SCI Forest, where he is incarce atted. No objections were filed. After de novo review of the pleadings and documents in the c. s~~, together with the report and recommendation, the following order is entered: AND NOW, this /.j-'1lay of August, 2012; IT IS HEREBY ORDERED that this case is DISMISSED due to Plaintiffs failure to prosecute. The report and recommendation of Magi trate Judge Baxter, issued July 17,2012, is adopted as the opinion of the court. all parties of record _ _

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