IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
December 14, 2007
WILLIE SAFFO, PLAINTIFF
WARDEN WILLIAM SCHOUPPE; MS. CAROL STEEL SMITH, DIRECTOR OF TREATMENT BEAVER COUNTY JAIL; RICK TOWCIMAK; BEAVER COUNTY PRISON BOARD; JOE SPANIK; BEAVER COUNTY COMMISSIONERS, ET AL. DEFENDANTS
The opinion of the court was delivered by: Judge Joy Flowers Conti
Magistrate Judge Amy Reynolds Hay
AND NOW, this 14th day of December, 2007, after the Plaintiff, Willie Saffo, filed an action in the above-captioned case, 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 plaintiff's copy of the report and recommendation having been returned to the Court indicating that Plaintiff is not at Beaver County Jail, service was attempted - not known and they are unable to forward, and upon independent review of 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 plaintiff's motion to proceed informa pauperis  is denied;
IT IS FURTHER ORDERED that the case is dismissed without prejudice to refiling upon payment of the filing fee;
IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they 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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