United States District Court, W.D. Pennsylvania
August 16, 2005.
ANTHONY OSBORNE, Plaintiff,
SCI SOMERSET, et al., Defendants.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
Plaintiff's civil rights complaint was received by the Clerk of
Court on April 2, 2004, and was referred to the United States
Magistrate Judge Susan Paradise Baxter for report and
recommendation in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for
The magistrate judge's first report and recommendation, filed
on July 26, 2005, [Doc. No. 21] recommended that the Motion to
Dismiss [Doc. No. 15] filed by Defendant SCI-Somerset be granted.
The magistrate judge's second report and recommendation, also
filed on July 26, 2005, [Doc. No. 22], recommended that
Plaintiff's complaint as against Defendant Rentschler be
dismissed for failure to prosecute. The parties were allowed ten
(10) days from the date of service to file objections. Service
was made on Plaintiff by certified mail and on Defendants. No
objections were filed. After de novo review of the case,
together with the reports and recommendations, the following
order is entered:
AND NOW, this 16th day of August, 2005,
IT IS HEREBY ORDERED that the Defendant's Motion to Dismiss
[Doc. No. 15] is GRANTED. IT IS FURTHER ORDERED that the
Complaint is DISMISSED for failure to prosecute.
The reports and recommendations of Magistrate Judge Baxter,
dated July 26, 2005, are adopted as the opinions of the Court. The clerk is directed to mark the case closed.
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