KORB v. GILMORE et al
ORDER DISMISSING CASE, with prejudice, for failure to prosecute. Signed by Judge Cathy Bissoon on 2/9/17. (dcd) Staff note: a copy of this Order was sent today, via First-Class U.S. Mail, to Plaintiff's address of record.
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ALBERT B. KORB,
GILMORE, et al.,
Civil Action No. 16-1630
Judge Cathy Bissoon
Magistrate Judge Lisa Pupo Lenihan
ORDER DISMISSING CASE
The Magistrate Judge twice has ordered Plaintiff to amend his complaint, and twice has
warned that his failure to do so would result in a dismissal of this case for failure to prosecute.
See Docs. 14 & 16. The second Order required Plaintiff to show cause, by January 24, 2017,
why the case should not be dismissed, and Plaintiff neither has filed an amended complaint nor
responded to the Show Cause Order.
In light of the foregoing, dismissal is warranted under Poulis v. State Farm Fire & Cas.
Co., 747 F.2d 863 (3d Cir.1984). Specifically, the Court relies on the Poulis factors regarding
Plaintiff’s personal responsibility; history of dilatoriness/unresponsiveness; failure to
demonstrate excusable neglect; and the lack of effective, alternative sanctions. Id. at 868.
Simply put, Plaintiff’s repeated failure to respond to Court Orders, and seeming disinterest in
prosecuting this case, leave no meaningful alternative to a dismissal.
For all of these reasons, this case is DISMISSED WITH PREJUDICE.
IT IS SO ORDERED.
February 9, 2017
United States District Judge
cc (via First-Class, U.S. Mail):
Albert B. Korb
Pittsburgh, PA 15233-0991
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