FIEDLER v. OSBORNE

2:09-cv-01138 | W.D. Pa. | May 17, 2010

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA BRTAN FIEDLER, ) Plaintiff ) ) vs. ) Civil Action No. 09-1138 ) United States District Judge Donetta W. Ambrose/ » Chief U.S. Magistrate Judge Amy Reynolds Hay

CHIEF OSBORNE; OFFICER ROBERT ) STEESE; JEFFREY P. GILL, )

Defendants ) ORDER AND NOW, thisJ1'IJ of May, 2010, the Court having entered an Order [Doc. 4] granting the Plaintiffs Motion for IFP status [Doc. 1] and directing the Plaintiff to complete an enclosed form authorizing the custodian of the Plaintiff's inmate account to pay to the Clerk of this court the partial filing fee and installments, the Plaintifffailed to return the form by the date specified. On March 17, 2010, the Court entered an Order to Show Cause [ Doc. 8] why the action should not be dismissed as a result of the Plaintiffs failure to complete the form. The Plaintiff was given until March 30, 2010 to respond, and failed to do so. On April 23, 2010, the Magistrate Judge filed a Report and Recommendation [Doc.9], a copy of which was sent to the Plaintiff, recommending that the case be dismissed for failure to prosecute. Objections to the Report and Recommendation were due by May 10,2010. No objections were filed.

Therefore, upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation [Doc. 9], which is adopted as the Opinion of this Court, IT IS HEREBY ORDERED that this matter is DISMISSED for failure to prosecute. The Clerk is directed to mark this case closed.

~L~ Donetta W. Ambrose United States District Judge

cc: Brian Fiedler HR-1296 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001