United States District Court, W.D. Pennsylvania
August 12, 2005.
MARVIN ALBERTO VIVAS-MORALES, Plaintiff,
UNITED STATES OF AMERICA, Defendant.
The opinion of the court was delivered by: SEAN McLAUGHLIN, District Judge
Plaintiff's civil rights complaint was received by the Clerk of
Court on October 1, 2003 and was referred to United States
Magistrate Judge Susan Paradise Baxter 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
The magistrate judge's report and recommendation, filed on July
25, 2005, recommends that the complaint be dismissed for failure
to prosecute and that the Defendant's motion to dismiss for lack
of prosecution be granted. The parties were allowed ten (10) days
from the date of service to file objections. Service was
attempted on Plaintiff by certified mail at York County Prison,
his last known address of record, and on the Defendant. No
objections were filed. After de novo review of the complaint
and documents in the case, together with the report and
recommendation, the following order is entered:
AND NOW, this 12th Day of August, 2005;
IT IS HEREBY ORDERED that Defendant's motion [Doc. No. 24] is
GRANTED and the within civil rights action is DISMISSED for
Plaintiff's failure to prosecute.
The report and recommendation of Magistrate Judge Baxter filed
on July 25, 2005 is adopted as the opinion of the court.
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