DUNCAN v. COLEMAN et al

Filing 12

MEMORANDUM ORDER dismissing case for failure to prosecute and failure to follow Court's Order and adopting 11 Report and Recommendation of Judge Lenihan as the opinion of the Court. The clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 6/5/13. (njt)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

ALEX DUNCAN,
Plaintiff,
v.
MICHAEL COLEMAN, DR.
HERBIK, NURSE IDA,
LIEUTENANT ALBRIGHT, PA
MICHELE, and C.H.C.A. S. BURN,
Defendants.

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2:12cv1717
Electronic Mail
Judge David Stewart Cercone
Chief Magistrate Judge Lenihan

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MEMORANDUM ORDER
This case is before the Court on the Report and Recommendation filed by Chief
Magistrate Judge Lenihan on April 29, 2013. (ECF No. 11.) Judge Lenihan recommended that
this action be dismissed for Plaintiffs failure to prosecute and follow the Court's Order to
complete his Authorization form permitting withdrawal of funds from his prisoner account, or to
otherwise pay the filing fee.

Plaintiff was served with the Report and Recommendation and

informed that he had until May 16,2013, to file written objections. As of the date of this Order,
no objections have been filed. As such, after de novo review of the pleadings and documents in
the case, together with the Report and Recommendation, the following order is entered.

AND NOW, this

5~ay of June, 2013,

IT IS HEREBY ORDERED that this case is DISMISSED for Plaintiffs failure to
prosecute and follow the Court's Order to complete his Authorization form permitting
withdrawal of funds from his prisoner account, or to otherwise pay the filing fee.

IT IS FURTHER ORDERED that the Report and Recommendation dated April 29,
2013, (ECF No. 11), is ADOPTED as the opinion of the Court.

IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.
IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of
Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3
of the Federal Rules of Appellate Procedure.

David Stewart Cercone
United States District Judge

cc:

Alex Duncan
JK-5167
FCI Fayette
P.O. Box 9999
LaBelle, PA
(Via First Class Mail)

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