Arellano-Valdez v. Johns

Full title: JORGE ARELLANO-VALDEZ, Petitioner v. TRACY JOHNS, WARDEN, F.C.I. LORETTO…

Court: United States District Court, W.D. Pennsylvania

Date published: Jun 30, 2006

Civil Action No. 04-203J (W.D. Pa. Jun. 30, 2006)

Opinion

Civil Action No. 04-203J.

June 30, 2006

MEMORANDUM ORDER

KIM GIBSON, District Judge

This matter was referred to Magistrate Judge Keith A. Pesto for a Report and Recommendation in accordance with the Magistrates Act, 28 U.S.C. § 636(b) (1), and subsections 3 and 4 of Local Rule 72.1 for Magistrate Judges.

The Magistrate Judge filed a Report and Recommendation on June 21, 2006, docket no. 3, recommending that the petition be dismissed forthwith for plaintiff's failure to prosecute, and as moot.

Due to the lack of a current address for the plaintiff, he has not been notified that, pursuant to 28 U.S.C. § 636(b) (1), he has ten days to file written objections to the Report and Recommendation. After de novo review of the record of this matter and the recommendation of the Magistrate Judge, however, the following order is entered:

AND NOW, this 30^th day of June, 2006, it is

ORDERED that the petition is dismissed with prejudice for failure to prosecute. If petitioner contacts the Clerk, the Clerk shall provide petitioner with a copy of this order. The Report and Recommendation is adopted as the opinion of the Court. The Clerk shall mark this matter closed.