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govinfo:USCOURTS-pawd-2_25-cv-01098-1

U.S. District Court for the Western District of Pennsylvania · 2026-06-03

· GavelSight synced 2026-09-06 03:50:37

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IN THE UNITED STATES DISTRICT COURT 
FOR THE WESTERN DISTRICT OF PENNSYLVANIA 
GREGORY BAUCUM, 
 
 Plaintiff, 
 vs. 
 
PRIMECARE MEDICAL, INC.; 
DEBBI M. LEISHAR; DR. PETERS; 
WESTMORELAND COUNTY 
PRISON; and WARDEN STEVEN 
PELESKY, 
 
 Defendants. 
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2:25-CV-1098 
 
Hon. J. Nicholas Ranjan 
 
Magistrate Judge Patricia L. Dodge 
 
 
MEMORANDUM ORDER 
 On July 31, 2025, pro se 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 
Poulis v. State Farm Fire & Cas. Co., 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 
Poulis 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. 

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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/ J. Nicholas Ranjan 
United States District Judge 
 
 
 
 
 
 
 
 
 
 
 
cc: 
Gregory Baucum 
#3636-2024 
Westmoreland County Prison 
3000 S. Grande Blvd. 
Greensburg, PA 15601 
 

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