RILEY v. COLLINS et al

Filing 40

ORDER indicating thtat after Plaintiff Nathaniel Riley filed an action in the above-captioned case, and after Defendant FNU Collins filed a Motion to Dismiss Action for Plaintiff's Failure to Prosecute 38 and after a Report and Recommendation was filed by the Chief United States Magistrate Judge 39 , in which it was recommended that the Motion be granted and giving the parties until 8/22/17 to file written objections thereto, and no objections having been filed, and upon independent revi ew of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court; adopting Report and Recommendation 39 as the opinion of this Court; that the above-captioned case is dismissed for failure to prosecute; that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if any party 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 15219, within 30 days. Signed by Judge Nora Barry Fischer on 8/31/17. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
NATHANIEL RILEY,
Plaintiff,
v.
FNU COLLINS, C.O.1 and ROBERT
GILMORE, Warden of Greene State
Correctional Institution sued in defendants
individual and official capacities,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

Civil Action No. 15-1087
Judge Nora Barry Fischer
Chief Magistrate Judge Maureen P. Kelly

ORDER
AND NOW, this 31st day of August, 2017, after Plaintiff Nathaniel Riley filed an action
in the above-captioned case, and after Defendant FNU Collins filed a Motion to Dismiss Action
for Plaintiff’s Failure to Prosecute, ECF No. 38, and after a Report and Recommendation was
filed by the Chief United States Magistrate Judge, ECF No. 39, in which it was recommended
that the Motion be granted and giving the parties until August 22, 2017, 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 the above-captioned case 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 any party 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 15219, within thirty (30) days.
By the Court:
/s/ Nora Barry Fischer
NORA BARRY FISCHER
United States District Judge
cc:

Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Nathaniel Riley
CT-8571
SCI Coal Township
1 Kelley Drive
Coal Township, PA 17866-1021
All counsel of record via CM/ECF

2