Ribaudo v. Desimone ( 2023 )

THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA CHRIS ALBERT RIBAUDO, : Plaintiff V. : 3:18-CV-1190 : (JUDGE MARIANI) OFFICER SAMUEL DESIMONE, : Defendant : +, ORDER AND NOW, THIS Wd DAY OF JULY, 2023, upon review of Magistrate Judge Susan Schwab’s Report & Recommendation (“R&R”) (Doc. 87) for clear error or manifest injustice, IT IS HEREBY ORDERED THAT: 1. The R&R (Doc. 87) is ADOPTED for the reasons stated therein. 2. Plaintiff's complaint is DISMISSED WITH PREJUDICE pursuant to Fed. R. Civ. P. 41(b) for failure to comply with the Court's Orders and for failure to prosecute this action.’ 1 Magistrate Judge Schwab's reasoning and conclusion that Plaintiff has failed to prosecute and has abandoned this action is further supported by Plaintiffs failure to file any Objections to the pending R&R. The Court agrees with the R&R’s findings that an application of the Poulis factors supports the dismissal of this action. See Doc. 87, at 9-13; Poulis v. State Farm Fire and Cas. Co., 747 F.2d 863 (3d Cir. 1984). Further, an analysis of the sixth Poulis factor - meritoriousness of the claim — is bolstered by the R&R's recommendation that, were the Court to consider Defendant's summary judgment motion, that motion should be granted where the undisputed facts show that Defendant “had a warrant supported by probable cause for [Plaintiffs] arrest and probable cause supported the charges against [Plaintiff]” (Doc. 87, at 13). 3. The Clerk of Court is directed to CLOSE this action. □□ y Robert D. Mariani United States District Judge