SPOORS v. PENNSYLVANIA DEPARTMENT OF CORRECTIONS et al

OCR transcription for search; preserved printed pages are authoritative

Case 1:23-cv-00353-SPB-CBB Document69_ Filed 10/16/26 Pagelof3

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

LATANYA SPOORS, )
Plaintiff, ) C.A. No. 23-353 Erie
)
Vv. ) District Judge Susan Paradise Baxter
) Magistrate Judge Christopher B. Brown
PENNSYLVANIA DEPARTMENT OF __)
CORRECTIONS, et al., )
Defendants. )
MEMORANDUM ORDER

Plaintiff Latanya Spoors, a former inmate at the State Correctional Institution at
Cambridge Springs, Pennsylvania (“SCI-Cambridge Springs”), initiated this pro se civil rights
action on December 8, 2023, by filing a motion to proceed in forma pauperis (“ifp motion”),
accompanied by a proposed complaint [ECF No. 1]. The matter was referred to United States
Magistrate Judge Richard A. Lanzillo for report and recommendation in accordance with the
Magistrates Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for
Magistrates.

After correcting a number of procedural deficiencies, Plaintiff ultimately filed an
amended complaint on August 27, 2024 [ECF No. 17], which is the operative pleading in this
case. Named as Defendants are the Pennsylvania Department of Corrections (“DOC”) and
Superintendent M. Overmyer (collectively referred to as “DOC Defendants”), and Dr. Obeng
and Nurse Practitioner Sekerski, medical providers under contract with the DOC to provide
medical services to inmates at SCI-Cambridge Springs (collectively referred to as “Medical

Defendants”). Favorably construed, Plaintiff's allegations assert that Defendants were

AUTHENTICATED
U.S. GOVERNMENT
INFORMATION

GPO

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deliberately indifferent to her serious medical needs under the eighth amendment to the United
States Constitution by failing to accommodate her dietary needs and to provide her with breast
cancer treatment.

On October 17, 2024, this case was reassigned to United States Magistrate Judge
Christopher B. Brown as referral judge. Plaintiff was subsequently released from DOC custody
and provided a change of address in January 2025. [ECF No. 34]. However, since providing this
address change, all mailings sent to Plaintiff have been returned as undelivered. [ECF Nos. 46-
49, 58]. Plaintiff has also failed to respond to several dispositive motions despite having been
ordered to do so. [ECF Nos. 46, 53, 54]. Due to Plaintiff's lack of prosecution, the Court
administratively closed the case on October 22, 2025. [ECF No. 57].

On February 9, 2026, the Medical Defendants filed a motion to reopen the case and to
dismiss this action for Plaintiffs continued failure to prosecute. [ECF No. 61].

On July 29, 2026, Judge Brown issued a Magistrate Judge’s Report and Recommendation
(“R&R”) recommending that the Medical Defendants motion to reopen the case be granted and
that this case be dismissed, with prejudice, for Plaintiff's failure to prosecute pursuant to Fed. R.
Civ. P. 41(b). [ECF No. 62]. Objections to the R&R were due to be filed by August 17, 2026;
however, no timely objections have been received by the Court.

Thus, after de novo review of the documents in this case, together with the report and
recommendation, the following order is entered:

AND NOW, this 16th day of October, 2026;

IT IS HEREBY ORDERED that the Medical Defendants’ motion to reopen case [ECF

No. 61] is GRANTED, and this case is DISMISSED with prejudice, pursuant to Fed. R. Civ. P.

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41(b), due to Plaintiffs failure to prosecute. The report and recommendation of Magistrate Judge
Brown, issued July 29, 2026 [ECF No. 62], is adopted as the opinion of the Court. |

IT IS FURTHER ORDERED that the DOC Defendants’ pending motion to dismiss for
lack of prosecution [ECF No. 63] is DISMISSED as moot.

The Clerk is directed to mark this case CLOSED.

SUSAN PARADISE BAXTER
United States District Judge

ce: The Honorable Christopher B. Brown
United States Magistrate Judge

All parties of record