EVANS v. MUNICIPALITY OF MONROEVILLE et al

Filing 5

ORDER dismissing case for failure to prosecute and adopting 3 Report and Recommendation of Chief Magistrate Judge Kelly as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 4/18/17. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA
HEATH EVANS,
Plaintiff,
v.
MUNICIPALITY OF MONROEVILLE,
BOROUGH OF PITCAIRN,
MONROEVILLE POLICE DEPARTMENT,
MAGILL’S AUTO SERVICE, INC.,
GOVERNOR THOMAS WOLF, FIRST
LADY FRANCES DONNELLY WOLF,
LIEUTENANT GOVERNOR MIKE STACK,
TONYA STACK, PEDRO A. CORTES,
LISSETTE LIZARDI-CORTES, PENN DOT,
PENNDOT SECRETARY LESLIE S.
RICHARDS, IRA RICHARDS, CITY OF
PITTSBURGH, WILLIAM PEDUTO,
MICHAEL E. LAMB, MONROEVILLE
MAYOR GREGORY EROSENKO, TIMOTY
LITTLE, KENNETH “DOUG” COLE,
DANIEL J. LAZZARO, BETSY STEVICK,
JACK BOVA, JOHN PRUCNAL, COUNTY
OF ALLEGHENY, ALLEGHENY COUNTY
JAIL, WARDEN ORLANDO HARPER,
DEPUTY WARDEN SIMON
WAINWRIGHT, CAPTAIN INTAKE DAVE
HUNGERMAN, DAVID MAGILL,
MATTHEW MAGILL, OFFICE MANAGER
DEBBIE LNU,
Defendants.

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2:17cv187
Electronic Filing
Judge David Stewart Cercone /
Chief Magistrate Judge Maureen P. Kelly

ORDER
Heath Evans (“Plaintiff”) has filed a civil rights action, naming a whole host of defendants.
The case was referred to Chief Magistrate Judge Maureen Kelly in accordance with the
Magistrate Judges Act, 28 U.S.C. § 636(b)(1), and Local Civil Rules 72.C and D.
Chief Magistrate Judge Kelly’s Report and Recommendation (the “Report”), ECF No. 3,
filed on March 27, 2017, recommended that the civil action be dismissed for failure to prosecute

because Plaintiff did not provide a valid address to communicate with him, rendering it impossible
to prosecute this case. However, not surprisingly, the Report was returned to the Court because
Plaintiff was not at the address of record that Plaintiff provided. ECF No. 4.
Given that the Report was returned to this Court, it is apparent that Plaintiff has failed to
provide a valid address to the Court in order to enable the Court to communicate with Plaintiff.
Therefore, it is impossible to prosecute this case.
AND NOW, this 18th day of April 2017, after de novo review of the record in this case
including the Report;
IT IS HEREBY ORDERED that the civil action is DISMISSED for failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation, ECF No. 3, of Chief
Magistrate Judge Kelly, filed March 27, 2017, is adopted as the opinion of the Court. The Clerk
shall mark this case CLOSED.

s/ DAVID STEWART CERCONE
David Stewart Cercone
United States District Judge
cc:

The Honorable Maureen P. Kelly
Chief United States Magistrate Judge
Heath Evans
36 Seventh Avenue
400 Koppers Building
Pittsburgh, PA 15219
(Via First Class Mail)

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