IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
November 30, 2011
GREGORY D. HOWARD, PLAINTIFF,
CANTEEN CORRECTIONAL SERVICES, INC., MR. THOMAS KLINE, MR. ERNEST MARKHAM, MR. SAM MINOTTI, MR. BLAIR PARR, MS. DARLENE THOMAS, MR. D.J. WILLIAMS, DEFENDANTS.
The opinion of the court was delivered by: District Judge Terrence F. McVerry
Magistrate Judge Maureen P. Kelly
AND NOW, this 30th day of November, 2011, after the Plaintiff, Gregory D. Howard, filed an action in the above-captioned case, to which Defendants subsequently filed a Motion to Dismiss, and to which Plaintiff failed to respond, a Report and Recommendation was filed by the United States Magistrate Judge on November 1, 2011, recommending the dismissal of the action as a result of Plaintiff's failure to respond to either the Motion to Dismiss or a subsequent Order to Show Cause regarding Plaintiff's failure to oppose the Motion to Dismiss.
The Report and Recommendation provided Plaintiff until November 18, 2011, to file written objections thereto; however, no objections have been filed and, upon independent review of the record, and upon consideration of the Magistrate Judge's Report and Recommendation, the Report and Recommendation is adopted as the opinion of this Court, IT IS HEREBY ORDERED that the complaint in the above-captioned case at No. 11-161 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 the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
Terrence F. McVerry United States District Judge
Honorable Maureen P. Kelly United States Magistrate Judge Gregory D. Howard 48 Beechford Road Penn Hills, PA 15235
All counsel of record via CM/ECF
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