MITCHELL v. DREIBELBIS
MITCHELL v. DREIBELBIS
Trial Court Opinion
THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CLAYTON MITCHELL, : Plaintiff V. : 4:19-CV-784 : (JUDGE MARIANI) WILLIAM DREIBELBIS, et al. Defendants ORDER AND NOW, THIS _ DAY OF SEPTEMBER, 2020, upon review of Magistrate Judge Arbuckle’s Report and Recommendation (“R&R”) (Doc. 33) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 33) is ADOPTED for the reasons stated therein and to the extent consistent with this Order. 2. Plaintiffs action is DISMISSED WITHOUT PREJUDICE for failure to comply with the Court's Orders and for failure to prosecute this action.’ 3. The Clerk of Court is directed to TERMINATE all pending motions. 4, The Clerk of Court is directed to CLOSE this action. tg oY, \/ [| > Uo \ sdb Robert D. Mariani United States District Judge ' Magistrate Judge Arbuckle’s reasoning and conclusion that Plaintiff has failed to prosecute and has abandoned this action is further supported by Plaintiff's continued failure to file any response to Defendants’ motions to dismiss and his failure to file any Objections to the pending R&R since its issuance on May 11, 2020. The Court also agrees with the R&R’s findings that an application of the Poulis factors further supports the dismissal of this action. See Poulis v. State Farm Fire and Cas. Co.,
747 F.2d 863(3d Cir. 1984).
Reference
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