HOWARD v. CANTEEN CORRECTIONAL SERVICES, INC. et al

Filing 26

ORDER adopting Report and Recommendations re 25 Report and Recommendations. IT IS HEREBY ORDERED that the complaint in the above-captioned case at No. 11-161 is dismissed for failure to prosecute. 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 Terrence F. McVerry on 11/30/2011. (kly)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GREGORY D. HOWARD, ) ) ) Civil Action No. 11-161 vs. ) District Judge Terrence F. McVerry ) Magistrate Judge Maureen P. Kelly CANTEEN CORRECTIONAL ) SERVICES, INC., MR. THOMAS KLINE, ) MR. ERNEST MARKHAM, MR. SAM ) MINOTTI, MR. BLAIR PARR, MS. ) DARLENE THOMAS, MR. D.J. ) WILLIAMS, ) Defendants. ) Plaintiff, ORDER AND NOW, this 30th day of November, 2011, after the Plaintiff, Gregory D. Howard, filed an action in the above-captioned case, to which Defendants subsequently filed a Motion to Dismiss, and to which Plaintiff failed to respond, a Report and Recommendation was filed by the United States Magistrate Judge on November 1, 2011, recommending the dismissal of the action as a result of Plaintiff’s failure to respond to either the Motion to Dismiss or a subsequent Order to Show Cause regarding Plaintiff’s failure to oppose the Motion to Dismiss. The Report and Recommendation provided Plaintiff until November 18, 2011, to file written objections thereto; however, no objections have been filed and, upon independent review of the record, and upon consideration of the Magistrate Judge’s Report and Recommendation, the Report and Recommendation is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the complaint in the above-captioned case at No. 11-161 is dismissed for failure to prosecute. 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/ Terrence F. McVerry United States District Judge cc: Honorable Maureen P. Kelly United States Magistrate Judge Gregory D. Howard 48 Beechford Road Penn Hills, PA 15235 All counsel of record via CM/ECF

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