The opinion of the court was delivered by: District Judge Terrence F. McVerry
On January 20, 2012, the above captioned case was filed in this Court and was referred to a magistrate judge for pretrial proceedings in accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and the Local Rules of Court for Magistrate Judges.
The Magistrate Judge filed a Report and Recommendation on November 30, 2012 (ECF No. 28) recommending that the action 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 17, 2012 to file written 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 19th day of December, 2012;
IT IS HEREBY ORDERED that this action is DISMISSED for failure to prosecute.
IT IS FURTHER ORDERED that the pending Motion to Dismiss (ECF No. 17) is DISMISSED as moot.
IT IS FURTHER ORDERED that the Report and Recommendation dated November 30, 2012 (ECF No. 28) 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.
Terrence F. McVerry United States District Judge
Antonio Fleming Kintock Erie (136) 301 East Erie Avenue Philadelphia, PA 19124
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