CARTER v. KANE et al

Filing 61

ORDER adopting in part Report and Recommendations 59 . (2)Defendants Cerwin, Pettri, Cho, and Cherck are DISMISSED due to Plaintiffs failure to prosecute. (3)Defendant Randolph will not be dismissed until Plaintiff has had an opportunity to submit a USM-285 form; he will have 30 days from the date of this order to do so. (4)The Clerk shall send copies of this Order to the parties. Signed by Judge Barbara Rothstein on 12/12/2016. (nk)

UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

HOWARD A. CARTER,
Plaintiff,
v.

KATHLEEN KANE, et al.,
Defendants.

)
)
)
)
)
)
)
)

Civil Action No. 1:16-cv-00007-BR-SPB

ORDER ADOPTING REPORT AND RECOMMENDATION
The Court, having considered the Report and Recommendation of Magistrate Judge
Susan Paradise Baxter, Plaintiff’s Objections, and the balance of record, HEREBY ORDERS:
(1) The Court PARTIALLY ADOPTS the Report and Recommendation.
(2) Defendants Cerwin, Pettri, Cho, and Cherck are DISMISSED due to Plaintiff’s failure to
prosecute.
(3) Defendant Randolph will not be dismissed until Plaintiff has had an opportunity to
submit a USM-285 form; he will have 30 days from the date of this order to do so.1
(4) The Clerk shall send copies of this Order to the parties.
IT IS SO ORDERED.
DATED this 12th day of December, 2016
s/Barbara J. Rothstein
Barbara J. Rothstein,
United States District Judge

1

Plaintiff’s Objections indicate that he attached a USM-285 form for Defendant Randolph (see Dkt. No. 60), but the
court docket indicates receipt of no such document. Plaintiff is ordered to resubmit the USM-285 for Defendant
Randolph.