QADR v. OVERMYER et al

Filing 45

ORDER adopting Report and Recommendations re 38 Report and Recommendations. IT IS HEREBY ORDERED that the Complaint filed in the above-captioned case with respect to Defendants John Doe, Food Service Manager and John/Jane Doe, Corrections Healthcare Administrator is dismissed for failure to prosecute. Signed by Chief Judge Joy Flowers Conti on 6/30/2015. (smc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NUR QADR,

)
)
)
vs.
)
)
)
MR. MICHEAL OVERMYER
)
SUPERINTENDENT; MR.
)
OBERLANDER DEPUTY SUPT;
)
DEPUTY HORTON DEPUTY FACILITY )
MR. DOMBROSKI ACTING
)
CORRECTIONS CLASSIFICATION
)
PROGRAM MANAGER; MR. WILLIAM )
COLE CORRECTIONS CLASSIFICATION )
PROGRAM MANAGER; MS. C.
)
KENNEDY GRIEVANCE
)
COORDINATOR; MS. SEIGAL
)
GRIEVANCE COORDINATOR; JOHN
)
DOE FOOD SERVICE MANAGER; MR. )
MCQUOWN FACILITY CHAPLAIN
)
PROGRAM DIRECTOR; JOHN/JANE
)
DOE CORRECTIONS HEALTHCARE
)
ADMINISTRATOR; MS. SMITH, RN
)
INFECTIOUS NURSE; DOCTOR
)
HAVEWOOD HEALTHCARE PROVIDER,)
Defendants. )
Plaintiff,

Civil Action No. 14-123E
Chief Judge Joy Flowers Conti/
Chief Magistrate Judge Maureen P. Kelly

ORDER
AND NOW, this 30th day of June, 2015, after Plaintiff filed an action in the abovecaptioned case, and after a Report and Recommendation was filed by the United States
Magistrate Judge recommending that the case be dismissed as to Defendants John Doe, Food
Service Manager and John/Jane Doe, Corrections Healthcare Administrator for failure to
prosecute and giving the parties until May, 26, 2015, to file written objections thereto, and no
objections having been filed,1 and upon independent review of the record, and upon

1

Although it is not known whether Plaintiff would have filed objections to the Report and Recommendation had he
received it, it is apparent from the record that Plaintiff refused to accept the copy of the Report and

consideration of the Magistrate Judge=s Report and Recommendation, which is adopted as the
opinion of this Court,
IT IS HEREBY ORDERED that the Complaint filed in the above-captioned case with
respect to Defendants John Doe, Food Service Manager and John/Jane Doe, Corrections
Healthcare Administrator is dismissed for failure to prosecute.
By the Court:
/s/ Joy Flowers Conti
Joy Flowers Conti
Chief United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Nur Qadr
BC-8580
SCI Forest
P.O. Box 945
Marienville, PA 16239
Jeffrey Pratt
BC-8580
SCI Forest
P.O. Box 945
Marienville, PA 16239
All Counsel of Record Via CM-ECF

Recommendation mailed to him under his legal name, Jeffrey Pratt, and the State Correctional Facility where
Plaintiff is incarcerated has returned to the Court the copy of the Report and Recommendation mailed to Plaintiff
under his adopted name, Nur Qadr, because Plaintiff is not incarcerated under that name. See 5/29/15 Staff Notes.
Because this has been an on-going problem in this case, the Court issued an Order on March 6, 2015, directing
Plaintiff to use his legal name, Jeffrey Pratt, on all documents filed with the Court until such time as he has legally
changed his name to Nur Qadr so that the Court could communicate with him and his case could proceed. ECF No.
28. It is a direct result of Plaintiff’s failure to comply with this Order and his refusal to accept court mail addressed
to Jeffrey Pratt that he did not receive the Magistrate Judge’s Report and Recommendation. Plaintiff, however, may
not forestall the progression of his case by refusing to accept court orders and other communications from this
Court.

2