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Rio v. Warne

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA


October 20, 2009

VICTOR DEL RIO, PLAINTIFF,
v.
DOUGLAS C. WARNE, INIDIVIDUALLY AND IN HIS/HER OFFICIAL CAPACITY AS ADMINISTRATIVE JUDGE, FAMILY DIVISION, HARRIS COUNTY, DEFENDANT.

The opinion of the court was delivered by: Judge Joy Flowers Conti

Magistrate Judge Lisa Pupo Lenihan

ORDER

The above captioned case was initiated on December 3, 2009, by the filing of a motion to proceed in forma pauperis. The case is assigned to Judge Joy Flowers Conti and referred to Magistrate Judge Lisa Pupo Lenihan for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and 72.1.3 and 72.1.4 of the Local Rules.

The magistrate judge's Report and Recommendation (Doc. No. 5), filed on June 24, 2009, recommended that this action be dismissed for failure to prosecute due to plaintiff's failure to effectuate proper service within 120 days as well as his failure to comply with a Court Order (Doc. No. 4). The plaintiff was served at his address of record, which is 2427 Pinpoint Drive, Spring, TX 77373, and was advised he was allowed ten (10) days from the date of service to file written objections to the report and recommendation. No objections have been filed. After review of the pleadings and documents in the case, together with the report and recommendation, the following order is entered:

AND NOW, this 20th day of October, 2009;

IT IS HEREBY ORDERED that this action is DISMISSED for plaintiff's failure to effectuate proper service within 120 days as well as his failure to comply with a Court Order (Doc. No. 4).

IT IS FURTHER ORDERED that the Report and Recommendation (Doc. No. 5) of Magistrate Judge Lenihan, dated June 24, 2009, is adopted as the opinion of the court.

Joy Flowers Conti United States District Judge

Lisa Pupo Lenihan United States Magistrate Judge

20091020

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