PEARSON v. BUREAU OF CORRECTIONS INDUSTRY et al

Filing 29

MEMORANDUM ORDER - it is Ordered that the moving defendants' motion to dismiss, docket no. 19 , is granted. The Report and Recommendation is adopted as the opinion of the Court. Plaintiff's complaint is dismissed without prejudice under Fe d.R.Civ.P. 4(m) for failure to serve defendants and file a timely return of service as to all defendants, except for the moving defendants and the defendants previously dismissed at docket no. 16 . Dismissal as to those defendants is with prejudice. The Clerk shall mark this matter closed, and as more fully stated in said Memorandum Order. Signed by Judge Kim R. Gibson on 12/3/2012. (dlg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
ANTONIO PEARSON,
Plaintiff
v.
BUREAU OF CORRECTIONS INDUSTRY,
et al.,
Defendants

:Case No. 3:12-cv-110-KRG-KAP

MEMORANDUM ORDER
This matter was referred to Magistrate Judge Keith A.
Pesto for pretrial proceedings in accordance with the Magistrates
Act, 28 U.S.C.§ 636(b) (1), and Local Rule 72 for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation
on November 9,

2012,

docket no.

24,

recommending that defendant

Coby Electronics Corporation's motion to dismiss, docket no. 19,
be granted.
The parties were notified that, pursuant to 28 U.S.C.§
636 (b) (1), they had fourteen days to file written objections to the
Report and Recommendation.

After his time to respond to the motion

to dismiss had expired and the Report and Recommendation had ben
filed,

plaintiff filed a motion for extension of time to file a

response to the motion to dismiss, docket no. 25.
the

two

weeks

Recommendation,

since

then,

filed

and

the

time

objections
to

do

to
so

He has not, in
the

Report

has

and

expired.

After de novo review of the record and the Report and
Recommendation despite the lack of objections, and noting that the
plaintiff filed a premature interlocutory appeal from my previous
order at docket no. 16, the following order is entered:

AND NOW, this

3rl day

of December, 2012, it is

ORDERED that the moving defendants' motion to dismiss,
docket

no.

adopted as

19,

is

granted.

The

Report

the opinion of the Court.

and Recommendation is

Plaintiff's

complaint is

dismissed without prejudice under Fed.R.Civ.P. 4(m) for failure to
serve defendants and file a timely return of service as to all
defendants,

except for the moving defendants and the defendants

previously dismissed at docket no.
defendants is with prejudice.

16.

Dismissal as to those

The Clerk shall mark this matter

closed.
BY THE COURT:

KIM R. GIBSON,
UNITED STATES DISTRICT JUDGE
Notice to counsel of record by ECF and by U.S. Mail to:
Antonio Pearson BL-0521
S.C.I. Coal Township
1 Kelley Drive
Coal Township, PA 17866-1021

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