United States District Court, W.D. Pennsylvania
November 21, 2005.
LESLIE PAUL HOWARTH, Plaintiff,
LAZER & BENDER, DMD, P.C., Defendant.
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
October 28, 2005, docket no. 12, recommending that the
defendant's motion for summary judgment, docket no. 10, be
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 21st day of November, 2005, it is
ORDERED that the defendant's motion for summary judgment,
docket no. 10, is granted. The Report and Recommendation is
adopted as the opinion of the Court. The Clerk shall mark this
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