NGUYEN v. RIVER CASINO

Filing 9

ORDER withdrawing 7 Report and Recommendation. Plaintiff is ORDERED to pay the full filing fee of $400.00 no later than October 31, 2014 or the case will be dismissed without further warning due to Plaintiff's failure to prosecute. Signed by Magistrate Judge Maureen P. Kelly on 10/20/2014. A copy of the Order together with this Notice of Electronic Filing are being sent to Plaintiff at his address of record via first class mail. (tmr)

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

HONG MANH NGUYEN,
Plaintiff,
vs.
RIVER CASINO,
Defendant.

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Civil Action No. 14-683
Judge Mark R. Hornak/
Chief Magistrate Judge Maureen P. Kelly

ORDER
Hong Manh Nguyen (“Plaintiff”) filed a Motion for Leave to Proceed In Forma Pauperis
(“the IFP Motion”), ECF No. 1, in order to prosecute a civil complaint against “River Casino,” a
gaming establishment in Pittsburgh, Pennsylvania. The Court denied the IFP Motion and
ordered Plaintiff to pay the full filing fee by a date certain because the record showed Plaintiff
had sufficient funds to pay the filing fee. ECF No. 3. Plaintiff failed to pay the filing fee by the
required deadline and a Report and Recommendation was filed on September 26, 2014, ECF No.
7, recommending dismissal of the case for Plaintiff’s failure to prosecute. Objections to the
Report were due on October 14, 2014. Plaintiff filed objections to the Report, ECF No. 8, in
which Plaintiff indicated that “I will be able to pay a filing fee now by credit card.” Id. at 1.
In light of the foregoing, the Report and Recommendation is hereby withdrawn and
Plaintiff is ORDERED to pay the filing fee by October 31, 2014 or the case will be dismissed
without further warning for Plaintiff’s failure to prosecute.
In accordance with the Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Rule 72.C.2 of
the Local Rules of Court, the parties are allowed fourteen (14) days from the date of this Order to
file an appeal to the District Judge which includes the basis for objection to this Order. Any

appeal is to be submitted to the Clerk of Court, United States District Court, 700 Grant Street,
Room 3110, Pittsburgh, PA 15219. Failure to file a timely appeal will constitute a waiver of any
appellate rights.

Date: October 20, 2014

cc:

s/Maureen P. Kelly
MAUREEN P. KELLY
CHIEF UNITED STATES MAGISTRATE JUDGE

The Honorable Mark R. Hornak
United States District Judge
Hong M. Nguyen
952 Sleepy Hollow Road
Castle Shannon, PA 15234

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