Opinion
Civil Action No. 05-1180.
November 30, 2005
ORDER
On November 15, 2005, the court entered an Order directing the Plaintiff John J. Tauro to show cause why his claims should not be dismissed for the reasons stated in said Order. See Doc. 10.
Mr. Tauro filed a Response to the Order, but he did so in the wrong case. See "Response to Court's Order of 15th November," filed as Doc. No. 16 in Tauro v. Pennsylvania Department of Public Welfare, et al., Civ. Action No. 05-480 (W.D. Pa. Nov. 22, 2005). The Plaintiff's Response, which the court has affixed hereto as Attachment #1, is hereby deemed timely filed in this, the above-captioned case.
Mr. Tauro has failed to show cause why his case should not be dismissed for the reasons stated in the court's previous Order. Specifically, his claim(s) against the "yet unnamed domestic relations worker" are barred by the collateral estoppel analysis in Tauro v. Pennsylvania Department of Public Welfare, et al., Mem. Order in Civ. Action No. 05-480 (W.D. Pa. Nov. 9, 2005) (Conti, J.). As to the Defendant Ace Cash Express, the Plaintiff has failed to allege and/or explain how this entity acted under the color of state law. See Doc. 10 at 1 (citing and quoting Harvey v. Plains Twp. Police Dept., 421 F.3d 185, 189 (3d Cir. 2005)).
For these reasons, along with Mr. Tauro's failure to show cause, the Plaintiff's case is DISMISSED WITH PREJUDICE. The Clerk is directed to mark this case closed.
IT IS SO ORDERED.