Syliva v. UMass Correctional Health Care et al

Filing 3

Judge Nathaniel M. Gorton: ORDER entered. ORDER DISMISSING CASE WITHOUT PREJUDICE. No filing fee shall be assessed.(PSSA, 3)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
)
)
)
v.
)
)
UMASS CORRECTIONAL HEALTH CARE, )
et al.,
)
Defendants.
)
)
)
KYLE SYLVIA,

Civil Action No.
14-12781-NMG

ORDER OF DISMISSAL
GORTON, J.
Kyle Sylvia was a named plaintiff in Stote v. UMass
Correctional Health Care, C.A. No. 13-10267-NMG, a civil rights
action filed by MCI Norfolk inmate John E. Stote in which he and
over one hundred other prisoners claimed that medical care at MCI
Norfolk was inadequate.
In an order dated June 25, 2014, the Court ordered that the
claims of each plaintiff be severed and that a separate case be
opened up for each individual plaintiff.

See id. (D. 20).

The

order directed each plaintiff who wanted to prosecute his own
claims to pay the $400 filing fee or file an Application to
Proceed in District Court Without Prepaying Fees or Costs within
sixty days and that the failure to pay the fee or seek leave to
proceed without payment of the fee may result in dismissal of the
individual action without prejudice.

The Clerk mailed a copy of

this order and the form Application to Sylvia in June 2014.
The sixty-day period has expired without any response from
Sylvia.

The documents the Clerk mailed to him were not returned

as undeliverable.

The Court therefore assumes that the plaintiff

received the documents previously sent to him and has chosen not
to prosecute this action.
Accordingly, this action is DISMISSED WITHOUT PREJUDICE.
filing fee shall be assessed.

This order is a final order of

dismissal.

So ordered.
/s/ Nathaniel M. Gorton
Nathaniel M. Gorton
United States District Judge
Dated: 6/23/15

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