IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
July 18, 2006
BARBARA A. BUCKLEY, PLAINTIFF,
P.H. TECH. CORP., DEFENDANT.
The opinion of the court was delivered by: Judge Conti
Magistrate Judge Hay
AND NOW, this 18th day of July, 2006, after the plaintiff, Barbara A. Buckley, filed an action in the above-captioned case, and after a Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 (b)(5) was submitted by the defendant, P.H. Tech. Corp., and after a Report and Recommendation was filed by the United States Magistrate Judge granting the parties ten days after being served with a copy to file written objections thereto, and no objections having been filed, and upon independent review of the motion and the record, and upon consideration of the Magistrate Judge's Report and Recommendation, which is adopted as the opinion of this Court,
IT IS HEREBY ORDERED that the defendant's Motion to Dismiss Pursuant to Federal Rule of Civil Procedure 12 (b)(5) [Docket No. 4] is GRANTED and the Complaint is dismissed without prejudice.
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the plaintiff desires to appeal from this Order she must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.
JOY FLOWERS CONTI United States District Judge
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