CHAMPINE v. PURCELL

Filing 10

MEMORANDUM ORDER indicating that that Plaintiff's Complaint 2 is dismissed without prejudice for failure to prosecute; that the Report and Recommendation 8 of Magistrate Judge Lenihan dated D12/3/14, is adopted as the opinion of the Court; that the Clerk of Court is directed to mark this case closed. Signed by Judge Nora Barry Fischer on 12/23/14. (jg)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HOSEA CHAMPINE,
Plaintiff,
v.
JESSICA PURCELL,
Defendant.

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Case No. 2:13-cv-604
Judge Nora Barry Fischer
Magistrate Judge Lisa Pupo Lenihan
ECF No. 8

MEMORANDUM ORDER
Plaintiff commenced this civil action by filing a Motion to Proceed In Forma
Pauperis which was received by the Clerk of Court on April 29, 2013. The motion was
granted and the Clerk then filed the Complaint on May 14, 2013.

This case 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 Local Rules of
Court 72.C and 72.D.
The Magistrate Judge's Report and Recommendation (ECF No. 8), filed on
December 3, 2014, recommended that the Complaint (ECF No. 2) be dismissed without
prejudice based upon Plaintiff’s failure to prosecute. Service was made on Plaintiff at
his address of record at the time, 210 Oliver Street, Duquesne, PA 15110, via certified
mail, return receipt requested, First Class mail.

Plaintiff was informed that in

accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1)(B) and (C), and Rule
72.D.2 of the Local Rules of Court, that he had fourteen (14) days to file any objections.
On December 16, 2014, Plaintiff appeared in person in the chambers of the Magistrate

Judge and informed the Judge’s deputy clerk that his address had changed and
expressed his desire to continue prosecuting his case. He was advised to notify the
Clerk’s Office of his change of address and to file timely objections to the Report and
Recommendation. Plaintiff did file a change of address notice with the Clerk’s Office on
December 16, 2014. However, to date, he has not filed any objections to the Report
and Recommendation.
After review of the pleadings and documents in the case, together with the
Report and Recommendation, the following Order is entered:
AND NOW, this 23rd day of December, 2014,
IT IS HEREBY ORDERED that Plaintiff’s Complaint (ECF No. 2) is DISMISSED
WITHOUT PREJUDICE for failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF No. 8)
of Magistrate Judge Lenihan dated December 3, 2014, is adopted as the opinion of the
Court.
The Clerk of Court is directed to mark this case closed.
BY THE COURT:
s/Nora Barry Fischer
NORA BARRY FISCHER
United States District Judge
cc:

Hosea Champine
108 S. Sixth Street
Duquesne, PA 15110
Via First Class U.S. Mail &
Certified Mail/Return Receipt Requested