BURTON v. ARMEL et al

Filing 9

MEMORANDUM ORDER. It is hereby ORDERED that this case is DISMISSED WITHOUT PREJUDICE. It is further ORDERED that 8 Report and Recommendation is ADOPTED as the opinion of the Court. And it is further ORDERED that the Clerk of Court mark this case CLOSED. Signed by Judge Mark R. Hornak on 12/23/13. (bdb) Modified on 12/23/13. (bdb)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

HERMAN BURTON,
Plaintiff,

v.
DEPUTY ERIC ARMEL and LT.
CRAYTON,

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Civil Action No. 13 ­ 1191
District Judge Mark R. Hornak
Chief Magistrate Judge Lisa Pupo Lenihan

Defendants.
MEMORANDUM ORDER

Before the Court is the Report and Recommendation of Chief Magistrate Judge Lenihan
who has recommended that this action be dismissed for Plaintiffs failure to follow the Court's
Order dated September 17, 2013, requiring him to pay an initial partial filing fee of $37.00. In
her Report, she notes that Plaintiff has also failed to respond to the Court's Order dated
November 5,2013, to show cause why this case should not be dismissed for his failure to pay the
required fee. Plaintiff was served with the Report and Recommendation and informed that he
had until December 20,2013, to file written objections. As of the date of this Order, Plaintiff has
neither filed objections nor paid any portion of the filing fee. In fact, the Court has not received
any correspondence from Plaintiff since September 5, 2013, when he submitted his prisoner trust
fund account statement shortly after initiating this action. It appears as though Plaintiff has no
interest in pursuing this matter any further. Therefore, after de novo review of the pleadings and
documents in the case, together with the Report and Recommendation, the following order is
entered.

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AND NOW, this

j,,-7 day of December, 20l3,

IT IS HEREBY ORDERED that this case is DISMISSED without prejudice.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No.8) is
ADOPTED as the opinion of the Court.
AND IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED.

Mark R. Hornak
United States District Judge

cc: Hennan Burton
KU1265
PO Box 9999
LaBelle, PA 15450
(Via First Class Mail)

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