Thomas John Hawes v. Prime Care Medical, et al.

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA THOMAS JOHN HAWES, ) ) Plaintiff, ) ) Civil Action No. 3:25-cv-384 v. ) Judge Nora Barry Fischer ) Magistrate Judge Keith Pesto PRIME CARE MEDICAL, et al., ) ) Defendants. ) ORDER OF COURT AND NOW, this 23rd day of January 2026, upon consideration of the Report and Recommendation filed by United States Magistrate Judge Keith Pesto on November 20, 2025, (Docket No. 5), recommending that after screening Plaintiff Thomas John Hawes’ Complaint under the Prison Litigation Reform Act, 28 U.S.C. § 1915A , and having conducted an appropriate analysis pursuant to Poulis v. State Farm Fire & Cas. Co., 747 F.2d 863, 868 (3d Cir. 1984) and Hildebrand v. Allegheny Cnty., 923 F.3d 128, 132 (3d Cir. 2025-38419), that the Complaint be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for Plaintiff’s failure to prosecute, this matter having been reassigned to the undersigned for prompt disposition of the matter on January 20, 2026, and upon independent review of the record and consideration of the Magistrate Judge’s Report and Recommendation (Docket No. 5), no objections having been filed, is ADOPTED as the opinion of this Court, IT IS HEREBY ORDERED that Plaintiff’s Complaint [3] is DISMISSED, without prejudice pursuant to Federal Rule of Civil Procedure 41(b) for Plaintiff’s failure to prosecute; IT IS FURTHER ORDERED that the Clerk of Court shall mark this case CLOSED; and, FINALLY, IT IS ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, Plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.

s/ Nora Barry Fischer Nora Barry Fischer Senior U.S. District Judge cc/ecf: United States Magistrate Keith Pesto cc: Thomas John Hawes 14-01095 Blair County Prison Market Square Alley Hollidaysburg, PA 16648 (via first class mail)