PACE et al v. MASTRANGELO et al

Filing 9

ORDER dismissing case for failure to prosecute and adopting 8 Report and Recommendation of Magistrate Judge Eddy as the opinion of the Court. The Clerk shall mark this case CLOSED. Signed by Judge David S. Cercone on 1/30/18. (njt)

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

JOHN E. PACE, II, and NORTHWEST
BIKERS FOR TRUMP INC.
Plaintiffs,
v.
ANTHONY MASTRANGELO, et al.,
Defendants.

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2:17-cv-01181
Electronic Filing

ORDER
On September 8, 2017, the above captioned case was filed in this Court and was later
referred to a Magistrate Judge for pretrial proceedings in accordance with the Magistrate Judges
Act, 28 U.S.C. § 636(b)(1), and Rules 72.C and 72.D of the Local Rules of Court for Magistrate
Judges.
Before the Court is the Report and Recommendation of the Magistrate Judge (Doc. No.
8) recommending that the case be dismissed for failure to prosecute. Objections to the Report
and Recommendation were due by January 25, 2018. No objections were filed. The matter is ripe
for disposition.
The District Court must make a de novo determination of those portions of the report to
which objections are made. 28 U.S.C. § 636(b)(1)(C); see also Henderson v. Carlson, 812 F.2d
874, 877 (3d Cir. 1987). This Court may accept, reject, or modify, in whole or in part, the
findings or recommendations made by the Magistrate Judge. The District Court Judge may also
receive further evidence or recommit the matter to the Magistrate Judge with instructions.

After de novo review of the pleadings and documents in the case, together with the
Report and Recommendation, the Court adopts the Report and Recommendation as the Opinion
of the Court and accepts Magistrate Judge Eddy’s recommendation.
Accordingly,
AND NOW, this 30th day of January, 2018, it is hereby ORDERED, ADJUDGED
AND DECREED as follows:
IT IS ORDERED that this action be dismissed for failure to prosecute.
IT IS FURTHER ORDERED that the Report and Recommendation (ECF 8) is
ADOPTED as the Opinion of the Court.

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

John E. Pace, II
1444 Nittany Dr.
Chambersburg, PA 17202
(Via First Class Mail)

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