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)

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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. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 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) 2

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