Mark Yarbrough, Sr. v. Officer W. Bakewell, et al.

Summary

The United States District Court for the Western District of Pennsylvania adopted a magistrate judge’s Report and Recommendation and dismissed Mark Yarbrough, Sr.’s civil action with prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute and failure to comply with a show-cause order. The court also dismissed the defendants’ motion for summary judgment as moot and directed the Clerk to close the case.

Holdings

1. The district court may accept and adopt the magistrate judge's Report and Recommendation after applying the required review standard, including reasoned consideration of dispositive legal issues when no objections are filed.
2. Dismissal with prejudice under Federal Rule of Civil Procedure 41(b) was warranted because Plaintiff failed to prosecute the action and failed to comply with the show-cause order.
3. Defendants' motion for summary judgment was dismissed as moot after the action was dismissed with prejudice.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation despite the absence of objections.
2. Whether dismissal with prejudice under Federal Rule of Civil Procedure 41(b) was warranted for Plaintiff's failure to prosecute and failure to comply with the show-cause order.
3. Whether Defendants' pending motion for summary judgment should be dismissed as moot following dismissal of the action.

Disposition

dismissed