MOSER v. SUPERINTENDANT BRIAN COLEMAN et al

Filing 37

ORDER adopting Report and Recommendations re 35 Report and Recommendations. IT IS HEREBY ORDERED that this case is DISMISSED with prejudice for Plaintiff, Larry D. Mosers failure to comply with the Courts Order to Show Cause filed on May 19, 2011 ( ECF No. 30 ). IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. Signed by Judge Joy Flowers Conti on 9/19/2011. (smc )

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LARRY D. MOSER, ) ) ) vs. ) Civil Action No. 10-1066 ) Judge Joy Flowers Conti SUPERINTENDANT BRIAN ) Magistrate Judge Maureen P. Kelly COLEMAN, S.C.I. Fayette; ) SUPERINTENDANT RAYMOND J. ) SOBINA, S.C.I. Albion; JEFFREY A. ) BEARD, Ph.D. Department of Corrections, ) Defendants. ) Plaintiff, ORDER AND NOW, this 19th day of September, 2011, after the Plaintiff, Larry D. Moser, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties until September 8, 2011, to file written objections thereto, and no objections having been filed, and upon independent review of the record, and upon consideration of the Magistrate Judge=s Report and Recommendation, which is adopted as the opinion of this Court, IT IS HEREBY ORDERED that this case is DISMISSED with prejudice for Plaintiff, Larry D. Moser’s failure to comply with the Court’s Order to Show Cause filed on May 19, 2011 (ECF No. [30]). IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed. R. App. P. /s/ Joy Flowers Conti Joy Flowers Conti United States District Judge cc: Honorable Maureen P. Kelly United States Magistrate Judge Larry J. Moser DV-1733 SCI Fayette P.O. Box 9999 LaBelle, PA 15450 All Counsel of Record by electronic filing

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