SCUTELLA v. PENNSYLVANIA BOARD OF PROBATION AND PAROLE

Filing 19

ORDER adopting Report and Recommendations 17 .Signed by Judge Barbara Rothstein on 2/8/18. (hr)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF PENNSYLVANIA

SCUTELLA,
Plaintiff,
Civil Action No. 16-301
v.
PENNSYLVANIA BOARD OF
PROBATION AND PAROLE,

ORDER ADOPTING THE REPORT AND
RECOMMENDATION

Defendant.

The Magistrate Judge issued a Report and Recommendation in this matter (Dkt. No. 17),
recommending that this Court dismiss this action due to Plaintiff’s failure to prosecute. This case
was filed on December 16, 2016. On July 20, 2017, Defendant moved for a 60 day stay so that
the parties might resolve the matter. Dkt. No. 12. The Magistrate Judge ordered Plaintiff to
respond to the motion by August 2, 2017. Dkt. No. 14. Plaintiff failed to file a response, so on
August 29, 2017, the Magistrate Judge issued another order in which she instructed Plaintiff to
respond to the motion by September 11, 2017. Dkt. No. 15. The order warned Plaintiff that
failure to comply with the Court’s instructions may result in dismissal of the action. Id. Plaintiff
still did not respond to the motion, so the Magistrate Judge issued an order instructing Plaintiff to
show why the matter should not be dismissed for failure to prosecute. Dkt. No. 16. Plaintiff’s
response was due by January 10, 2018 and Plaintiff still has not responded to the show cause
order. Therefore, on January 16, 2018, the Magistrate Judge issued the instant Report and
Recommendation, recommending that this Court dismiss the action for failure to prosecute. Dkt.
No. 17.

After reviewing the Report and Recommendation, the record of the case, and the relevant
legal authorities, and no objection being filed, it is hereby ordered that:
(1)

The Report and Recommendation is ADOPTED;

(2)

This matter is HEREBY DISMISSED; and

(3)

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

IT IS SO ORDERED.
DATED this 8th day of February, 2018.

BARBARA J. ROTHSTEIN
UNITED STATES DISTRICT JUDGE