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

ANDRE YANICK AINA, No. 4:21-CV-00794

Plaintiff, (Chief Judge Brann)

v. (Magistrate Judge Carlson)

THE COMMONWEALTH OF PENNSYLVANIA, et al.,

Defendants.

ORDER NOVEMBER 28, 2022 Andre Yanick Aina filed this amended

civil rights complaint alleging that numerous individuals and entities violated his rights with respect to his arrest and prosecution.1 On November 3, 2022, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court deem Defendants’ motion to dismiss unopposed and grant that motion or, in the alternative, dismiss the complaint for failure to prosecute.2 No timely objections were filed to this Report and Recommendation. Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error.3 Regardless of whether objections

1 Doc. 12. 2 Doc. 25. 3 Fed. R. Civ. P. 72(b), advisory committee notes; see Henderson v. Carlson,

(3d Cir. 1987) (explaining that court should in some manner review recommendations are made, district courts may accept, reject, or modify—in whole or in part—the findings or recommendations made by the magistrate judge.4 Upon review of the

record, the Court finds no error—clear or otherwise—in Magistrate Judge Carlson’s recommendation that Aina’s complaint be dismissed for failure to prosecute. Consequently, IT IS HEREBY ORDERED that:

1. Magistrate Judge Martin C. Carlson’s Report and Recommendation (Doc. 25) is ADOPTED; 2. Aina’s amended complaint (Doc. 12) is DISMISSED with prejudice; 3. Defendants’ motion to dismiss (Doc. 22) is DENIED as moot; and

4. The Clerk of Court is directed to CLOSE this case.

BY THE COURT:

s/ Matthew W. Brann Matthew W. Brann Chief United States District Judge