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Dr. Zaloga was dismissed as a defendant January 29, 2009. 

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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHAKIRA STATEN, individually :

and SHAKIRA STATEN, natural :

mother of SAMIYAH STATEN, :

a minor, :

: Civil Action No. 4: 07-CV-1329

Plaintiffs, :

: (Judge McClure)

v. :

:

LACKAWANNA COUNTY, et. al. :

:

Defendants :

MEMORANDUM

April 2, 2010

On July 23, 2007, Shakira Staten, individually and as the natural mother of

Samiyah Staten, a minor, initiated this lawsuit by the filing of a complaint pursuant

to 42 U.S.C. § 1983 against defendants: 1) Lackawanna County; 2) Lackawanna

County Prison; 3) Warden Janin Donate; 4) Corrections Office John Doe; 5)

Corrections Officer Jane Doe One; 6) Corrections Officer Jane Doe Two; 7)

Correction Care, Inc.; 8) Dr. Edward Zaloga1

; and 9) Nurse Jane Doe. Plaintiff

alleges that the defendants acted with deliberate indifference to the serious medical

needs of both herself and her child with respect to the child’s birth in a cell at the

Case 4:07-cv-01329-JFM Document 113 Filed 04/02/10 Page 1 of 6
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Lackawanna County Prison. 

On February 1, 2010, defendant Correctional Care, Inc. filed a motion for

summary judgment and a separate statement of material facts. (Rec. Doc. Nos. 70

and 71). It filed a supporting brief February 11, 2010. (Rec. Doc. No. 94). 

Plaintiff’s opposing brief was due February 28, 2010. Neither an opposing brief

nor a responsive statement of material facts was filed by plaintiff. Correctional

Care, Inc. filed a supplemental motion and brief to its motion for summary

judgment asserting that its summary judgment motion should be deemed to be

unopposed and granted pursuant to Middle District Local Rule 7.6. (Rec. Doc.

Nos. 97 and 98). 

On February 1, 2010, defendant Nurse Jane Doe filed a motion for summary

judgment, supporting brief and a separate statement of material facts. (Rec. Doc.

Nos. 72, 81 and 82). Plaintiff’s opposing brief was due February 18, 2009. Neither

an opposing brief nor a responsive statement of material facts was filed by

plaintiff. Nurse Jane Doe filed a supplemental motion and brief to her motion for

summary judgment asserting that her summary judgment motion should be deemed

to be unopposed and granted pursuant to Middle District Local Rule 7.6. (Rec.

Doc. Nos. 99 and 100). 

Case 4:07-cv-01329-JFM Document 113 Filed 04/02/10 Page 2 of 6
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On February 8, 2010, defendants Lackawanna County, Lackawanna County

Prison, Warden Janine Donate, Corrections Officer John Doe, and Correction

Officers Jane Doe 1 and 2 filed a motion for summary judgment and a separate

statement of material facts. (Rec. Doc. Nos. 91 and 92). They filed a supporting

brief on February 22, 2010. (Rec. Doc. No. 96). Plaintiff’s opposing brief was due

March 11, 2010. Neither an opposing brief nor a responsive statement of material

facts was filed by plaintiff. 

On February 11, 2010, plaintiff filed a motion to extend time to respond to

the motions for summary judgment. (Rec. Doc. No. 103). Both Correctional Care,

Inc. and Nurse Jane Doe filed oppositions to the motion. (Rec. Doc. Nos. 104 and

105). 

We refused to grant the supplemental motions for summary judgment

requesting that the court grant summary judgment based on plaintiff’s failure to file

timely opposing briefs. Additionally, although plaintiff’s motion for extension of

time was filed well after the date opposing briefs were due, on March 15, 2010, we

granted plaintiff’s motion for an extension and allowed fourteen days to file

opposing briefs and separate statements of material facts to each motion for

summary judgment. In our March 15th order, we warned plaintiff that if plaintiff

did not comply with that order, the case would be dismissed. Plaintiff’s opposing

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briefs and statements of material facts were due March 29, 2010. Plaintiff has not

filed opposing briefs and statements of material facts opposing the three motions

for summary judgment. 

On March 30, 2010, defendants Correction Care, Inc. and Nurse Jane Doe

filed separate motions to dismiss for plaintiff’s failure to comply with our March

15th order. (Rec. Doc. No. 109 and 110). 

As we warned plaintiff in our March 15th order, failure to comply with that

order would result in our dismissing the case for failure to prosecute and failure to

comply with a court order pursuant to Federal Rule of Civil Procedure 41(b). 

Plaintiff has not filed opposing briefs and separate statements of material facts. 

Plaintiff has failed to comply with our March 15th order. As a result, we will grant 

the motions to dismiss, and will also dismiss the action against the defendants who

have not filed a motion to dismiss. (Rec. Doc. Nos. 109 and 110). Accordingly,

we will deny the motions for summary judgment as moot. (Rec. Doc. Nos. 70, 72

and 91). 

 s/ James F. McClure, Jr. 

JAMES F. McCLURE, JR.

United States District Judge 

Case 4:07-cv-01329-JFM Document 113 Filed 04/02/10 Page 4 of 6
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IN THE UNITED STATES DISTRICT COURT

FOR THE MIDDLE DISTRICT OF PENNSYLVANIA

SHAKIRA STATEN, individually :

and SHAKIRA STATEN, natural :

mother of SAMIYAH STATEN, :

a minor, :

: Civil Action No. 4: 07-CV-1329

Plaintiffs, :

: (Judge McClure)

v. :

:

LACKAWANNA COUNTY, et. al. :

:

Defendants :

ORDER

April 2, 2010

NOW, THEREFORE, IT IS HEREBY ORDERED THAT: 

1. The action is DISMISSED for failure to prosecute and failure to comply

with a court order pursuant to Federal Rule of Civil Procedure 41(b). 

2. Defendants’ Motions for Involuntary Dismissal are GRANTED. (Rec.

Doc. Nos. 109 and 110). 

3. Defendants’ Motions for Summary Judgment are DENIED as moot. 

(Rec. Doc. Nos. 70, 72 and 91). 

4. Final judgment is entered in favor of defendants and against plaintiff. 

Case 4:07-cv-01329-JFM Document 113 Filed 04/02/10 Page 5 of 6
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5. The clerk is directed to close the case file. 

 s/ James F. McClure, Jr. 

JAMES F. McCLURE, JR.

United States District Judge 

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