THOMAS v. PRIMECARE MEDICAL, INC. et al

Filing 35

ORDER adopting Report and Recommendations 34 . Signed by Judge Barbara Rothstein on 8/21/17. (hr)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA

THOMAS,

Plaintiff,

Civil Action No. 16-293

v.
PRIMECARE MEDICAL, INC. ET AL.,

ORDER ADOPTING THE REPORT AND
RECOMMENDATION

Defendants.

The Magistrate Judge issued a Report and Recommendation in this matter recommending
that this Court dismiss this action for failure to prosecute. Dkt. No. 34. Specifically, Plaintiff has
failed to comply with multiple orders instructing him to respond to Defendants’ motion to dismiss
for failure to state a legally cognizable claim. See e.g. Dkt. Nos. 26 and 32. On July 6, 2017, the
Magistrate Judge issued an order to show cause why the matter should not be dismissed because
of Plaintiff’s repeated failure to comply with the Court’s instructions. Dkt. No. 33. The order to
show cause warned Plaintiff that if he failed to respond by July 20, 2017, the Court would dismiss
his case. July 20, 2017 came and went without a response from Plaintiff, so on July 28, 2017, the
Magistrate Judge issued a Report and Recommendation recommending that this Court dismiss this
action. After reviewing the Report and Recommendation, the record, and all other materials before
the Court, and no objection being filed, it is hereby ordered that:

(1)

The Report and Recommendation is ADOPTED;

(2)

This case is HEREBY DISMISSED; and

(3)

The Clerk of the Court shall send copies of this Order to Plaintiff.

IT IS SO ORDERED.
DATED this 21st day of August, 2017.

BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE