Gregory Baucum v. Primecare Medical, Inc.; D W E E B S B T I M M O . R L E E L...

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA GREGORY BAUCUM, ) ) Plaintiff, ) ) 2:25-CV-1098 vs. ) ) Hon. J. Nicholas Ranjan PRIMECARE MEDICAL, INC.; ) D W E E B S B T I M M O . R L E E L I A S N H D AR C ; O D U R N . P T E Y T ERS; ) ) Magistrate Judge Patricia L. Dodge PRISON; and WARDEN STEVEN ) PELESKY, ) Defendants.

MEMORANDUM ORDER On July 31, 2025, Plaintiff Gregory Baucum filed a complaint (ECF 5) alleging civil claims arising out of his incarceration at Westmoreland County Prison.

The matter was referred to Magistrate Judge Patricia L. Dodge for proceedings in accordance with the Magistrates Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court applicable to Magistrate Judges.

Currently before the Court is a Report & Recommendation (ECF 13) filed by Judge Dodge on April 23, 2026. Judge Dodge recommended that the Court dismiss the case with prejudice under Federal Rule of Civil Procedure 41(b) due to Mr. Baucum’s failure to prosecute. Judge Dodge relied on the Third Circuit’s decision in , 747 F.2d 863 (3d Cir. 1984), which set forth six factors to be weighed in considering whether the dismissal is proper under Rule 41(b).

Judge Dodge found that the first, third, and fourth factors weigh heavily in favor of dismissal because Mr. Baucum has repeatedly failed to comply with the Court’s orders and has not communicated with the Court since September 2025. ECF 13, p. 3. The parties were notified that objections to the Report & Recommendation were due by May 11, 2026. No objections were filed.

Upon a review of the record of this matter and the Report and Recommendation, the Court finds no clear error on the face of the record, and therefore enters the following order.

AND NOW, this 3rd day of June, 2026, it is hereby ORDERED that the case is DISMISSED WITH PREJUDICE. The Report & Recommendation is adopted as the opinion of the Court.

BY THE COURT: /s/ United States District Judge cc: Gregory Baucum #3636-2024 Westmoreland County Prison 3000 S. Grande Blvd. Greensburg, PA 15601