The opinion
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
GREGORY LINDELL BURNS,
Plaintiff, Civil Action No. 3:19-cv-163
Vv. Hon. William S. Stickman IV
Hon. Christopher B. Brown
JENNIFER SCHROCK, et al,
Defendants.
ORDER OF COURT
Pro se Plaintiff Gregory Lindell Burns (“Burns”) was an inmate in the custody of the
Pennsylvania Department of Corrections when he filed this action. In short, Burns has taken no
action on this case for over two years since he filed a change of address on December 7, 2023.
Defendants have filed motions to dismiss for lack of prosecution. (ECF Nos. 163, 178, and 179).
Magistrate Judge Christopher B. Brown issued a Report and Recommendation in which, after
considering and weighing the Poulis' factors, he recommended dismissal of this matter with
prejudice due to Burns’ failure to prosecute. (ECF No. 182). The parties were provided the
opportunity to file objections. No objections have been filed.
Therefore, the Court hereby ADOPTS Magistrate Judge Brown’s Report and
Recommendation (ECF No. 182) as its Opinion. It concurs with his thorough legal analysis and
conclusions.
‘In Poulis v. State Farm Fire & Casualty Co., 747 F.2d 863 (d Cir. 1984), the United States
Court of Appeals for the Third Circuit set forth a six-factor balancing test to guide a district court
in determining whether a case should be dismissed for failure to prosecute.
AND NOW, this 20" day of February 2026, IT IS HEREBY ORDERED that
Defendants’ motions to dismiss (ECF Nos. 178 and 179) are GRANTED. All claims against
Defendants are DISMISSED WITH PREJUDICE for failure to prosecute.
BY THE COURT:
s/ William S. Stickman IV
WILLIAM S. STICKMAN IV
UNITED STATES DISTRICT JUDGE