HOUSER v. BEARD et al

Filing 31

ORDER re 30 Objections to Report and Recommendation 26 filed by DARIEN HOUSER. Petitioner's Objections are granted, and the Report and Recommendation 26 is vacated. This matter is remanded back to Magistrate Judge Eddy for further pretrial proceedings. Signed by Judge Donetta W. Ambrose on 3/7/2012. (sps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
DARIEN HOUSER,
Petitioner,
v.
JEFFREY BEARD, et al,
Respondents.

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Civil Action No. 10-0416
District Judge Donetta W. Ambrose
Magistrate Judge Cynthia Reed Eddy

MEMORANDUM ORDER
Plaintiff Darien Houser is an inmate at the State Correctional Institution at Greene (“SCIGreene”) in Waynesburg, Pennsylvania. Plaintiff filed this cause of action against 38 Defendants
on March 29, 2010, alleging claims arising from the Civil Rights Act of 1871, 42 U.S.C. § 1983,
the Americans with Disabilities Act, 42 U.S.C. § 12101, and various state tort laws. (ECF No.
4). Defendants are various employees and officials of the Pennsylvania Department of
Corrections and various health care providers of services at SCI-Greene. On August 4, 2010, this
case was referred to a United States Magistrate Judge for pretrial proceedings in accordance with
the Magistrate Judges Act, 28 U.S.C. §636(b)(1), and the local rules of court.
On December 16, 2011, the Magistrate Judge filed a Report and Recommendation (ECF
No. 26) recommending that the case be dismissed with prejudice under Poulis v. State Farm Fire
and Casualty Co., 747 F.2d 863 (3d Cir. 1984), sua sponte, because of Plaintiff’s repeated failure
to comply with the orders of this Court, and his failure to prosecute.
The Report and Recommendation were mailed to Petitioner at his listed address and he
was advised that he had until January 4, 2012, to file written objections to the Report and
Recommendation. No objections were filed by that date, and on January 23, 2012, this Court

entered an Order (ECF No. 27) adopting the Report and Recommendation (ECF. No. 26) dated
December 16, 2011 as the Opinion of the Court, and dismissing the case with prejudice for
failure to prosecute.
Subsequently, Petitioner filed a motion to reconsider the Order adopting the Magistrate
Judge’s Report and Recommendation, asserting that he had not received said Report and
Recommendation. This Court granted the motion to reconsider on January 30, 2012 (ECF No.
29) “only to the extent that petitioner shall be permitted to file objections to the enclosed Report
and Recommendations . . . .” On February 15, 2012, Petitioner filed his Objections (ECF No.
30).
After careful consideration, the Court will grant Petitioner’s Objections, and will vacate
the Report and Recommendation (ECF No. 26).
This matter is remanded back to Magistrate Judge Eddy for further pretrial proceedings.

s/ Donetta W. Ambrose
Donetta W. Ambrose
United States District Judge
cc:
Darien Houser
GL-7509
175 Progress Drive
Waynesburg, PA 15370