Opinion
2:22-CV-01342
07-31-2023
HENRY JAMES HOLMES, Plaintiff v. JOHN DOE, Unknown Bus Driver for Port Authority, et al., Defendants.
Carlson Magistrate Judge
ORDER
MATTHEW W. BRANN CHIEF UNITED STATES DISTRICT JUDGE
An Article III Judge in the United States District Court for the Middle District of Pennsylvania sitting in the Western District of Pennsylvania by designation of Chief Judge Michael A. Chagares of the United States Court of Appeals for the Third Circuit. Doc. 15.
Henry James Holmes filed this complaint alleging that Defendants violated his rights under the Americans with Disabilities Act. On July 11, 2023, Magistrate Judge Martin C. Carlson issued a Report and Recommendation recommending that this Court dismiss the complaint for failure to prosecute. No timely objections were filed to this Report and Recommendation.
Doc. 5.
Doc. 22.
Where no objection is made to a report and recommendation, this Court will review the recommendation only for clear error. Regardless of whether objections are made, district courts may accept, reject, or modify-in whole or in part-the findings or recommendations made by the magistrate judge. Upon review of the record, the Court finds no error in Magistrate Judge Carlson's conclusion that Holmes' complaint should be dismissed for failure to prosecute. Consequently, IT IS HEREBY ORDERED that:
Fed.R.Civ.P. 72(b), advisory committee notes; see Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987) (explaining that court should in some manner review recommendations regardless of whether objections were filed).
28 U.S.C. § 636(b)(1); Local Rule 72.31.
1. Magistrate Judge Martin C. Carlson's Report and Recommendation (Doc. 22) is ADOPTED; 2. Holmes' complaint is DISMISSED for failure to prosecute; 3. Magistrate Judge Martin C. Carlson's earlier Report and Recommendation (Doc. 18) is REJECTED as moot; and 4. The Clerk of Court is directed to CLOSE this case.