MARSH v. CORRECTIONS CARE SOLUTIONS

District Court, W.D. Pennsylvania

MARSH v. CORRECTIONS CARE SOLUTIONS

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA TIMOTHY R. MARSH, ) Plaintiff, VS. Civil Action No. 2:24-cv-1222 ) Judge Stephanie L. Haines CORRECTIONS CARE SOUTIONS, et al. ) Magistrate Judge Maureen P. Kelly Defendants. )

MEMORANDUM ORDER Presently before the Court is a complaint in civil action pursuant to

42 U.S.C. § 1983

filed

pro se by Timothy R. Marsh (“Plaintiff”) (ECF No. 1). Plaintiff complains of various civil rights violations while he was incarcerated at the State Correctional Institution at Camp Hill. This matter

was referred to Magistrate Judge Maureen P. Kelly for proceedings in accordance with the Federal Magistrates Act, 28 U.S. C. § 636, and Local Civil Rule 72.D. On April 2, 2025, Magistrate Judge Kelly filed a Report and Recommendation (ECF No. 6) recommending that the Petition (ECF No. 1) be dismissed for failure to prosecute. Petitioner was advised he could file objections to the Report and Recommendation within fourteen (14) days. See 28 U.S.C.§ 636 (b)(1)(B) and (C) and Local Civil Rule 72.D.2. Petitioner has not filed any objections, and the time to do so has expired. Upon review of the record and the Report and Recommendation (ECF No. 6) under the applicable “reasoned consideration” standard, see EEOC v. City of Long Branch,

866 F.3d 93, 100

(3d Cir. 2017) (standard of review when no timely and specific objections are filed), and pursuant to Local Civil Rule 72.D.2, the Court will accept in whole the findings and recommendations of Magistrate Judge Kelly in this matter. Magistrate Judge Kelly correctly found that the balance of

the Poulis factors weighed in favor of dismissal. Plaintiff failed to submit a motion for leave to proceed in forma pauperis or pay the filing fee; failed to provide authorization for the withdrawal of funds from his inmate account; and failed to submit an amended complaint as directed by the Court. Accordingly, the following order is entered: ORDER AND NOW, this 22" day of August, 2025, IT IS ORDERED that the complaint in civil action pursuant to

42 U.S.C. § 1983

(ECF No. 1) hereby is DISMISSED; and, IT IS FURTHER ORDERED that Magistrate Judge Kelly’s Report and Recommendation (ECF No. 6) is adopted as the Opinion of the Court; and, IT IS FURTHER ORDERED that the Clerk of Court is directed to mark this matter closed.

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Reference

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