SHAY v. GILMORE et al

Filing 14

ORDER. It is hereby ORDERED that this case is DISMISSED WITHOUT PREJUDICE due to the Plaintiff's failure to prosecute. It is further ORDERED that 10 Motion to Dismiss is DISMISSED WITHOUT PREJUDICE AS MOOT. Magistrate Judge Lenihan's 13 Report and Recommendation is ADOPTED as the opinion of this Court. Signed by Judge Mark R. Hornak on 8/12/15. (bdb)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

KEVIN SHAY,
Plaintiff,
VS.

WARDEN GILMORE, et al.,

Defendants

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Civil Action No. 15-671
Judge Mark R. Hornak/
Magistrate Judge
Lisa Pupo Lenihan

ORDER

AND NOW, this

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lL.:.a-ay of August, 2015, after the Plaintiff filed an action in the above-

captioned case, and after a Report and Recommendation was filed by the United States
Magistrate Judge giving Plaintiff until August 3, 2015, 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 for the reasons set forth in that Report and
Recommendation, this case is dismissed without prejudice due to the Plaintiffs failure to
prosecute.
IT IS FURTHER ORDERED that Plaintiffs Motion to Dismiss (ECF No. 10) is
dismissed without prejudice as moot.
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IT IS FURTHER ORDERED that the Clerk of Court mark this case closed.
AND IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) ofthe Federal Rules of
Appellate Procedure, if Plaintiff wishes to appeal from this Order a notice of appeal, as provided
in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700
Grant Street, Room 3110, Pittsburgh, PA 152

within thirty (30) days.

MARK R. HORNAK
United States District Judge

cc:

Honorable Lisa Pupo Lenihan
United States Magistrate Judge
Kevin Shay
LH1546
175 Progress Dr.
Waynesburg, PA 15370

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