United States District Court, W.D. Pennsylvania
August 29, 2005.
LESLIE PAUL HOWARTH, Plaintiff
The opinion of the court was delivered by: GARY LANCASTER, District Judge
This matter was referred to Magistrate Judge Keith A. Pesto for
proceedings in accordance with the Magistrates Act,
28 U.S.C. § 636(b)(1), and subsections 3 and 4 of Local Rule 72.1 for
The Magistrate Judge filed a Report and Recommendation on July
25, 2005, docket no. 17, recommending that the defendant's motion
to dismiss, docket no. 12, be granted in part, and the complaint
dismissed without prejudice to raising the ADA Title III denial
of service claim at the overlapping complaint filed at Howarth
v. Sheetz, C.A. No. 05-22J.
The parties were notified that pursuant to
28 U.S.C. § 636(b)(1), they had ten days to serve and file written objections
to the Report and Recommendation. No objections have been filed,
and the time to do so has expired.
After review of the record of this matter together with the
Report and Recommendation, and noting the lack of timely
objections thereto, the following order is entered: AND NOW, this 20th day of August, 2005, it is
ORDERED that the defendant's motion to dismiss is granted in
part, and the denial of service claim is dismissed without
prejudice to raising the same claim at Howarth v. Sheetz, C.A.
No. 05-22J. The Report and Recommendation is adopted as the
opinion of the Court. The Clerk shall mark this matter closed.
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