Filing 8

ORDER dismissing case for failure to state a claim upon which relief could be granted and adopting 7 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 9/28/17. (njt)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF PENNSYLVANIA LINCOLN DAVE LEVYS, JR., Plaintiff, v. CHANNEL 11 NEWS, MATTHEW SANTONI, and PITTSBURGH TRIBUNAL, Defendants. ) ) ) ) ) ) ) ) ) ) Civil Action No. 17-933 Judge David Stewart Cercone Chief Magistrate Judge Maureen P. Kelly ORDER OF COURT AND NOW, this 28th day of September, 2017, after Plaintiff Lincoln Dave Levys, Jr. filed a complaint in the above-captioned matter, and after a Report and Recommendation was filed by Chief United States Magistrate Judge Maureen P. Kelly giving the parties until September 8, 2017, to file written objections thereto, and no Objections having been filed, 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 the complaint is DISMISSED for failure to state a claim upon which relief can be granted. The Clerk of Court shall mark this case CLOSED. IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the 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. s/ DAVID STEWART CERCONE David Stewart Cercone United States District Judge cc: Honorable Maureen P. Kelly Chief United States Magistrate Judge Lincoln Dave Levys, Jr. MV2607 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 (Via First Class Mail) 2

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