BROWN v. MATRIX PROPERTY MANAGEMENT COMPANY
Filing
84
ORDER adopting Report and Recommendation. The Third Amended Complaint (Doc. 63 ) is DISMISSED, with prejudice, for failure to prosecute. The Chief Magistrate Judge's Report and Recommendation (Doc. 81 ) is ADOPTED as the Opinion of the District Court, as augmented by the filing at this docket entry. The Court's Judgment Order will follow. Signed by Judge Cathy Bissoon on 9/7/18. (rdl)
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
VERNON L. BROWN,
Plaintiff,
v.
MATRIX PROPERTY MANAGEMENT
COMPANY,
Defendant.
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Civil Action No. 16-1824
Judge Cathy Bissoon
Chief Magistrate Judge Maureen P. Kelly
MEMORANDUM ORDER
This case has been referred to United States Chief Magistrate Judge Maureen P. Kelly for
pretrial proceedings in accordance with the Magistrates Act, 28 U.S.C. §§ 636 and Local Rule of
Civil Procedure 72.
On August 14, 2018, Chief Magistrate Judge Kelly issued a Report and Recommendation
(hereinafter “Report,” Doc. 81) recommending that the Third Amended Complaint (Doc. 63) be
dismissed for failure to prosecute. As Plaintiff has not provided the Court with a current mailing
address, as discussed in the Report, the Report was not delivered to Plaintiff. 1 The deadline for
filing objections to the Report passed on August 31, 2018, and no objections have been filed.
After a de novo review of the pleadings and documents in this case and the Chief
Magistrate Judge’s Report, the Court agrees with the recommendation, and makes the additional
finding that this action should be dismissed with prejudice based on the Report’s analysis of the
factors set forth in Poulis v. State Farm Fire Casualty Co., 747 F.2d 863, 868 (3d Cir. 1984).
1
The Report was mailed to the both of the addresses that Plaintiff included in his previous
filings. (Doc. 81.) As with all mail sent to Plaintiff at these addresses since June 27, 2018, the
mail was returned to the Court. (See Docs. 82, 83.)
* * *
Accordingly, the following Order is entered:
The Third Amended Complaint is DISMISSED, with prejudice, for failure to prosecute.
The Chief Magistrate Judge’s Report and Recommendation is ADOPTED as the Opinion of the
District Court, as augmented herein. The Court’s Judgment Order will follow.
IT IS SO ORDERED.
September 7, 2018
s/Cathy Bissoon
Cathy Bissoon
United States District Judge
cc (via ECF email notification):
All Counsel of Record
cc (via First-Class U.S. mail):
VERNON L. BROWN
411 Delaware Avenue
Unit 1B
Rochester, PA 15074
VERNON L. BROWN
P.O. Box 6814
Pittsburgh, PA 15212
2
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