NGUYEN v. RIVER CASINO

Filing 32

ORDER granting defendant's 21 Motion to Dismiss Amended Complaint; further dismissing action for lack of subject matter jurisdiction; and adopting 28 Report and Recommendation of Magistrate Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 3/19/15. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA HONG MANH NGUYEN, Plaintiff, v. RIVER CASINO, Defendant. 1) AND NOW, this ) ) ) ) ) ) ) ) 2:14cv683 Electronic Filing Judge David Stewart Cercone/ Chief Magistrate Judge Maureen P. Kelly Re: ECF No. 21 ORDER I ~ day of March, 2015, after Plaintiff Hong Manh Nguyen filed an action in the above-captioned case, and after a Motion to Dismiss Amended Complaint was filed by Defendant, and after a Report and Recommendation was filed by the Chief United States Magistrate Judge giving the parties until March 26, 2015, to file written objections thereto, and upon consideration of the objections filed by Plaintiff, 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 Defendant's Motion to Dismiss Amended Complaint, ECF No. 21, is GRANTED. IT IS FURTHER ORDERED that the case is dismissed for lack of subject matter jurisdiction and that the Clerk is to mark the case CLOSED. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) ofthe Federal Rules of Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court, at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days. David Stewart Cercone United States District Judge cc: Honorable Maureen P. Kelly Chief United States Magistrate Judge Hong Manh Nguyen 952 Sleepy Hollow Road Castle Shannon, PA 15234 (Via First Class Mail) Brian H. Simmons, Esquire Bridget J. Daley, Esquire (Via CMIECF Electronic Mail) 2

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