DOMINICK v. BEVINO

Filing 49

MEMORANDUM ORDER: AND NOW, this 22nd day of November 2024; IT IS HEREBY ORDERED that this action be dismissed due to Plaintiff's failure to prosecute it. IT IS FURTHER ORDERED that the report and recommendation of Chief Magistrate Judge Lanzill o, issued on October 23, 2024, ECF No. 48 , is adopted as the opinion of the court. The Clerk of Court is directed to close this case. A printed copy of this order has been mailed on this day to Plaintiff's address of record. Signed by Judge Susan Paradise Baxter on 11/22/2024. (snc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MARIO DWAYNE DOMINICK,

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Plaintiff,
v.
CORRECTIONS OFFICER BEVINO, et al,
Defendants.

Case No. 1:22-CV-284

MEMORANDUM ORDER
This action was received by the Clerk of Court on October 3, 2022. The matter was
assigned and referred to Chief United States Magistrate Judge Richard A. Lanzillo, for report and
recommendation in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules
72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
By Report and Recommendation issued on October 23, 2024, Chief Magistrate Judge
Lanzillo recommended that his action be dismissed due to Plaintiff’s failure to prosecute it. ECF
No. 48. Judge Lanzillo’s recommendation was based on the fact that in the nearly eighteen (18)
months since the docketing of his complaint, Plaintiff has taken no action to prosecute his case
and he has ignored several orders of this Court. To date, no objections have been filed.
“If a party objects timely to a magistrate judge's report and recommendation, the district
court must ‘make a de novo determination of those portions of the report or specified proposed
findings or recommendations to which objection is made.’” EEOC v. City of Long Branch, 866
F.3d 93, 99 (3d Cir. 2017) quoting 28 U.S.C. § 636(b)(1). Regardless of whether timely
objections are made, district courts may accept, reject, or modify—in whole or in part—
the magistrate judge's findings or recommendations. 28 U.S.C. § 636(b)(1); Local Rule 72(D)(2).

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After de novo review of the complaint and filings in this case, together with the report
and recommendation, the following order is entered:

AND NOW, this 22nd day of November 2024;
IT IS HEREBY ORDERED that this action be dismissed due to Plaintiff’s failure to
prosecute it.
IT IS FURTHER ORDERED that the report and recommendation of Chief Magistrate
Judge Lanzillo, issued on October 23, 2024 [ECF No. 48] is adopted as the opinion of the court.
The Clerk of Court is directed to close this case.

/s/ Susan Paradise Baxter
SUSAN PARADISE BAXTER
United States District Judge

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