HARVEY v. MILLER et al

Filing 11

MEMORANDUM ORDER dismissing case with prejudice for failure to prosecute; adopting 10 Report and Recommendations as the Opinion of the Court; the Clerk of Court shall mark this case closed. Signed by Judge David S. Cercone on 1/18/2023. (lyk)

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Case 3:22-cv-00045-DSC-MPK Document 11 Filed 01/18/23 Page 1 of 2 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA NORMAN HARVEY, Plaintiff, v. GEORGE MILLER; DEBRAH L CARPENTER; MELISA HAINSWORTH; ROBERT SNYDER; DAVID PIECZK; COUNSELOR WHALEN; PAROLE SUPERVISOR MR. DORINZO; PAROLE AGENT MR. RECKNER; SARGEANT S. NOSE; GOOD; and JUDGE D. GREGORY GEARY, Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 3:22cv45 Electronic Filing MEMORANDUM ORDER This case is before the Court on [10] a Report and Recommendation (“R&R”) that was filed by Magistrate Judge Kelly on October 12, 2022. The R&R recommends that this case be dismissed with prejudice as a result of plaintiff’s failure to prosecute. This recommendation is based on plaintiff’s failure to file a response to the court's order of May 18, 2022, directing plaintiff to correct certain filing and service deficiencies. As of this date plaintiff has failed to 1) file a response to correct the filing and service deficiencies, 2) file any other motion or submission for the court’s consideration or 3) file objections to the R&R. Therefore, after de novo review of the record, the following order is entered: AND NOW, this 18th day of January, 2023, IT IS ORDERED that this case is dismissed with prejudice for failure to prosecute. The October 12, 2022, Report and Recommendation of Magistrate Judge Kelly is adopted as the Opinion of the Court; and Case 3:22-cv-00045-DSC-MPK Document 11 Filed 01/18/23 Page 2 of 2 IT IS FURTHER ORDERED that the Clerk of Court shall mark this case closed. s/David Stewart Cercone David Stewart Cercone Senior United States District Judge cc: Norman Harvey A693054 2075 S. Avon Bellden Road Grafton, OH 44044 (Via First Class Mail) The Honorable Maureen P. Kelly United States Magistrate Judge (Via CM/ECF Electronic Mail) 2

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