ANGLE v. WILLIAMS

Filing 6

ORDER indicating that that the Report and Recommendation 5 is adopted as the opinion of the Court; that this action is dismissed, with prejudice for failure to prosecute; that the Clerk of Court shall mark this CASE CLOSED. Signed by Judge Nora Barry Fischer on 11/17/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
BRYAN ANGLE, II,
Plaintiff,
v.
HEARING EXAMINER T. WILLIAMS,
Defendant.

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1:17-cv-219
District Judge Nora Barry Fischer
Magistrate Judge Susan Paradise Baxter

MEMORANDUM ORDER
This action was initiated by pro se Plaintiff Bryan Angle, II on August 14, 2017 and was
referred to a United States Magistrate Judge for pretrial proceedings in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of
Court for Magistrate Judges. On August 24, 2017, Magistrate Judge Baxter granted Plaintiff’s
motion for leave to proceed in forma pauperis but directed him to execute and return an
Authorization form by September 12, 2017. (Docket No. 2). Plaintiff failed to comply with that
order. Thus, Magistrate Judge Baxter entered another order on October 2, 2017, directing Plaintiff
to show good cause for his failure to file the Authorization form on or before October 13, 2017.
(Docket No. 4). Magistrate Judge Baxter warned Plaintiff that his “failure to comply will result in
dismissal of the action for failure to prosecute.” (Id.). Plaintiff again did not comply. As a result,
Magistrate Judge Baxter issued a Report and Recommendation (“R&R”) on October 23, 2017,
recommending that the Court dismiss this action for failure to prosecute. (Docket No. 5). Service
of the R&R was made on Plaintiff by mail and he was informed that his objections to same were
due on or before November 9, 2017. To date, no objections have been filed. Upon careful de
novo review of the relevant filings in this matter, (Docket Nos. 1-5), the Court agrees with the

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R&R’s evaluation of the Poulis factors and its recommendation that this action be dismissed for
failure to prosecute. Accordingly,
IT IS HEREBY ORDERED that the R&R [5] is adopted as the opinion of the Court.
IT IS FURTHER ORDERED that this action is DISMISSED, WITH PREJUDICE for
failure to prosecute.
IT IS FURTHER ORDERED that the Clerk of Court shall mark this CASE CLOSED.

/s/ Nora Barry Fischer
Nora Barry Fischer
United States District Judge
Dated: November 17, 2017.
cc:

Bryan Angle, II
HY2333
SCI Forrest
PO Box 945
Marienville, PA 16239

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