IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA
January 7, 2009
GILBERT TORRES-REYES, PLAINTIFF,
RAMON RUSTIN, WARDEN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: District Judge Joy Flowers Conti
Magistrate Judge Lisa Pupo Lenihan
The above captioned case was initiated by the filing of a Motion to Proceed In Forma Pauperis (doc. no. 1) on November 5, 2007, and was referred to United States Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rules 72.1.3 and 72.1.4 of the Local Rules for Magistrate Judges.
Magistrate Judge Lisa Pupo Lenihan filed a Report and Recommendation on December 2, 2008 (doc. no.13) recommending that the complaint be dismissed for failure to prosecute. Plaintiff was served with the Report and Recommendation at his listed address and was advised that he had until December 19, 2008 to file objections to the Report and Recommendation. No objections have been filed.
After de novo review of the pleadings and documents in the case, together with the Report and Recommendation, the following order is entered:
AND NOW, this 7th day of January, 2009;
IT IS HEREBY ORDERED that the complaint is DISMISSED for failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation (doc. no. 13) of Magistrate Judge Lenihan dated December 2, 2008, is ADOPTED as the Opinion of the Court.
IT IS FURTHER ORDERED that the Clerk of Court mark this case CLOSED. AND IT IS FURTHER ORDERED that pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, plaintiff has thirty (30) days to file a notice of appeal as provided by Rule 3 of the Federal Rules of Appellate Procedure.
Joy Flowers Conti United States District Judge
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