PEARSON v. SECRETARY BEARD et al

Filing 103

MEMORANDUM ORDER - it is Ordered that the complaint is dismissed with prejudice for failure to prosecute, and the motion for summary judgment at ECF no. 97 is granted; 101 Report and Recommendation is adopted as the Opinion of the Court. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 9/26/2017. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTONIO PEARSON,
Plaintiff
v.
SECRETARY BEARD, et al.,
Defendants

:Case No. 3:09-cv-54-KRG-KAP

Memorandum Order
This matter was referred to Magistrate Judge Keith A.
Pesto for pretrial proceedings in accordance with the Magistrates
Act, 28 U.S.C.§ 636, and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on August 31, 2017, ECF no. 101, recommending in the alternative
that

the

plaintiff's

complaint

be

dismissed

for

failure

to

prosecute and that summary judgment be granted to the remaining
defendants.
U.S.C.§

The parties were given notice

636(b) (1),

they

had

fourteen

that pursuant to 28

days

to

file

written

objections to this Report and Recommendation. No objections have
been filed and the time to do so has expired.
After

review

of

the

record

of

recommendation of the Magistrate Judge,

the

this

matter,

the

lack of objections

thereto, and the six factors to be weighed in considering whether
dismissal of a civil case as a sanction for failure to prosecute
is proper, see Poulis v. State Farm Fire and Casualty Co., 747 F.2d
863, 868 (3d Cir.1984), the following order is entered:

AND NOW, this

;2~

+h

day of September 2017, it is

ORDERED that the complaint is dismissed with prejudice
for failure to prosecute, and the motion for summary judgment at
ECF no. 97 is granted. The Report and Recommendation is adopted as
the Opinion of the Court.

The Clerk shall mark this matter closed.

BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Antonio Pearson BL-0521
S.C.I. Greene
175 Progress Drive
Waynesburg, PA 15370

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