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

LEVI GIDDINGS,

Plaintiff, 24cv674 ELECTRONICALLY FILED v.

M. J. ZAKEN SUPERINTENDENT, S. BUZAS DEPUTY SUPERINTENDENT, MR.COULEHAN UNIT MANAGER, MR.HURD COUNSELOR,

Defendants.

ORDER OF COURT DISMISSING CASE On May 6, 2024, Plaintiff Levi Giddings, who is a state prisoner currently housed at the State Correctional Institution at Camp Hill, Pennsylvania (SCI-Camp Hill) filed a Motion to Proceed In Forma Pauperis, Declaration and an attached Complaint alleging violations of his civil rights. Doc. 1. On May 7, 2024, United States Magistrate Judge Maureen P. Kelly, to which this matter was referred, issued a Deficiency Order identifying several filing deficiencies. Plaintiff was required to submit an Amended Complaint, as the Initial Complaint, did not comply Rule 8 of the Federal Rules of Civil Procedure. Plaintiff was mailed the notice of Deficiency Order and thereafter on July 11, 2024, a Show Cause Order was issued requiring Plaintiff to respond by August 12, 2024. Plaintiff has not corrected the identified filing deficiencies and specifically has not filed an Amended Complaint as Ordered on May 7, 2024. Therefore, on December 4, 2024, Magistrate Judge Kelly issued a Report and Recommendation wherein she conducted an analysis pursuant to Fed. R. Civ. Pr. 41(b) and Poulis v. State Farm Fire and Casualty,

(3d Cir. 1984) and determined that this case should be dismissed without prejudice for failure to prosecute or to comply with Orders of the Court. Doc. 11. Plaintiff, as an unregistered ECF-user, was notified that pursuant to

(b)(1) he had until December 23, 2024, to file Objections to the Report and Recommendation. (Id.). As of this date, no Objections have been filed.

After de novo review of the Record in this matter, including the allegations of the deficient Complaint, and Magistrate Judge Kelly’s Report and Recommendation (Doc. 11), the Court ORDERS that this case be dismissed without prejudice for failure to prosecute or to comply with Orders of the Court. It is further ORDERED that the December 4, 2024, Report and Recommendation (Doc. 11) is affirmed and adopted as the Opinion of the Court. The Clerk of Court shall mark this case closed.

SO ORDERED this 6th day of January, 2025.

s/Arthur J. Schwab Arthur J. Schwab United States District Judge

cc: U.S. Magistrate Judge Maureen P. Kelly

LEVI GIDDINGS NC2827 SCI CAMP HILL P.O. Box 8837 2500 Lisburn Road Camp Hill, PA 17001

All ECF Registered Counsel of Record