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

JABRIL IVY, : No. 4:23cv1442 Plaintiff : : (Judge Munley) v. : : (Magistrate Judge Schwab) WILLIAMSPORT BUREAU OF : POLICE, et al., : Defendants : :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ORDER Presently before the court is the Report and Recommendation (“R&R”) of Magistrate Judge Susan E. Schwab recommending: 1) that this case be dismissed due to plaintiff’s failure to prosecute this action and 2) that defendants’ motions to dismiss plaintiff’s complaint all be dismissed as moot. (Doc. 41). No objections to the R&R have been filed and the time for such filing has passed. In deciding whether to adopt the report and recommendation when no timely objection is filed, the court must determine if a review of the record evidences plain error or manifest injustice. FED. R. CIV. P. 72(b), 1983 Advisory Committee Notes (“When no timely objection is filed, the court need only satisfy itself that there is no clear error on the face of the record to accept the recommendation”); see also

(b)(1); Sullivan v. Cuyler,

(3d Cir. 1983). After a careful review, Magistrate Judge Schwab cogently applied the Poulis factors in recommending the dismissal of plaintiff’s action for: 1) failure to

file briefs in opposition to defendants’ motions to dismiss; and 2) failure to respond to court orders relative to filing those briefs. See Poulis v. State Farm Fire and Cas. Co.,

(3d Cir. 1984). The magistrate judge also

detailed efforts to ensure that plaintiff received notice of the court’s show cause orders.1 (Doc. 41 at 2-4). The court thus finds neither clear error on the face of the record nor a manifest injustice, and therefore, the court shall accept the R&R and adopt it in its entirety. It is hereby ORDERED as follows:

1) The R&R (Doc. 41) is ADOPTED in its entirety; 2) Plaintiff’s action is DISMISSED for failure to prosecute; 3) Defendants’ motions to dismiss plaintiff’s complaint (Docs. 16, 36) are

DISMISSED as moot; and 4) The Clerk of Court is directed to close this case.

1 Plaintiff is incarcerated at State Correctional Institution – Albion in Conneaut Township, Erie County, Pennsylvania and filed this matter pro se. Date: 08/12/2024 BY THE COURT:

__s/ Julia K. Munley_______ JUDGE JULIA K. MUNLEY United States District Court