govinfo:USCOURTS-pawd-2_23-cv-00698-5

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
 
 
 ROBERT LEE ALLEN, 
 
 Plaintiff, 
 
 vs. 
 
WEXFORD HEALTH SOURCES, INC., et 
al., 
 
 Defendants. 
 
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2:23-cv-698-RJC 
 
 
District Judge Robert J. Colville 
 
Magistrate Judge Maureen P. Kelly 
 
ORDER OF COURT 
Currently pending before the Court is the May 20, 2026 Report and Recommendation (ECF 
No. 134) filed by the Honorable Maureen P. Kelly in the above-captioned matter. Judge Kelly’s 
May 20, 2026 Report and Recommendation recommends that this action be dismissed due to 
Plaintiff’s failure to prosecute. Objections to Judge Kelly’s Report and Recommendation were 
due by June 8, 2026. To dat e, no objections have been filed, and the Court considers this matter 
to be ripe for disposition. 
Objections to a magistrate judge’s disposition of a dispositive matter are subject to de novo 
review before the district judge. 28 U.S.C. § 636(b)(1)(B) -(C); Fed. R. Civ. P. 72(b)(3). The 
reviewing district court must make a de novo determination of those portions of the magistrate 
judge’s report and recommendation to which objections are made. Id. Following de novo review, 
“[t]he district judge may accept, reject, or modify the recommended disposition; receive further 
evidence; or return the matter to the magistrate judge with instructions.” Fed. R. Civ. P. 72(b)(3). 
The United States Court of Appeals for the Third Circuit has explained that, “even absent 

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objections to the report and recommendation, a district court should ‘afford some level of review 
to dispositive legal issues raised by the report,’” and has “described this level of review as 
‘reasoned consideration.’” Equal Employment Opportunity Comm’n v. City of Long Branch, 866 
F.3d 93, 100 (3d Cir. 2017) (quoting Henderson v. Carlson, 812 F.2d 874, 878 (3d Cir. 1987)). 
Upon reasoned consideration of Judge Kelly’s May 20, 2026 Report and Recommendation 
and all relevant docket entries, it is hereby ORDERED as follows: 
The Court agrees with the well-reasoned analysis and conclusions set forth in Judge Kelly’s 
Report and Recommendation, and the Court accepts and adopts Judge Kelly’s Report and 
Recommendation in its entirety as the opinion of the Court. Given Plaintiff’s apparent 
abandonment of this case that was filed more than three years ago, as well as his consistent pattern 
of dilatory behavior in this matter, the Court finds that Plaintiff’s actions render ad judication of 
this case impossible. This matter is hereby dismissed with prejudice for failure to prosecute. The 
Court will enter a Rule 58 Judgment Order in this matter. The Clerk of Court shall mark this case 
as closed. 
 
BY THE COURT: 
 
/s/Robert J. Colville 
Robert J. Colville 
 United States District Judge 
DATED: June 18, 2026 
 
cc/ecf: 
 
 All counsel of record 
 
 Robert Lee Allen 
 218 West Burgess Street 
 Pittsburgh, PA 15214 

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