Opinion

ECKMAN v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE

Court
District Court, W.D. Pennsylvania
Filed
Jul 7, 2022
Cited by
0 cases
Authority
More cited than 29.3%

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RANDALL J. ECKMAN, JR., )

) Civil Action No. 22 – 50

Plaintiff, )

) District Judge David S. Cercone

v. ) Magistrate Judge Lisa Pupo Lenihan

)

PENNSYLVANIA BOARD OF )

PROBATION AND PAORLE, )

)

Defendant. )

MEMORANDUM ORDER

This matter comes before the Court on a Report and Recommendation (“R&R”) entered

by Magistrate Judge Lisa Pupo Lenihan on May 4, 2022. (ECF No. 13.) The R&R recommends

that this case be dismissed with prejudice for Plaintiff’s failure to prosecute insofar as he failed

to comply with Court orders. Service of the R&R was made on Plaintiff by mail, and any

objections were due by May 23, 2022. Plaintiff, however, did not file any objections to the

R&R.

The Federal Rules of Civil Procedure provide that a party may file specific written

objections to the proposed findings and recommendations of a magistrate judge, and a district

judge must conduct a de novo review of any part of the R&R that has been properly objected to.

Fed. R. Civ. P. 72(b)(2), (b)(3); 28 U.S.C. § 636(b)91). Here, however, because no party filed

any objections to the R&R, this Court reviews the magistrate judge’s decision for plain error.

See Tice v. Wilson, 425 F. Supp. 2d 676, 680 (W.D. Pa. 2006); see also Fed. R. Civ. P. 72(b),

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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 in order to accept the recommendation.”).

In this case, upon careful review of the R&R and the entire record, and finding no plain

error on the face of the record, the Court will accept Judge Lenihan’s recommendation.

Accordingly, the following Order is now entered.

AND NOW this _7_th__ day of July, 2022,

IT IS HEREBY ORDERED that the R&R (ECF No. 13) is adopted as the Opinion of

the Court.

IT IS FURTHER ORDERED that this case is dismissed with prejudice for Plaintiff’s

failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

AND IT IS FURTHER ORDERED that, pursuant to Federal Rule of Appellate

Procedure 4(a)(1), if Plaintiff desires to appeal from this Order he must do so within thirty (30)

days by filing an appeal as provided for in Federal Rule of Appellate Procedure 3.

__s_/_D_a_v_i_d_ S_._ C__er_c_o_n_e______

David S. Cercone

Senior United States District Judge

Cc: Randall J. Eckman, Jr.

KP-1668

SCI Huntingdon

1100 Pike Street

Huntingdon, PA 16654

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This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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