Kester v. Warden Richard Gigliotti

Full title: DONALD J. KESTER, Plaintiff, v. WARDEN RICHARD GIGLIOTTI, Butler County…

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

Date published: Sep 17, 2008

Civil Action No. 08-516 (W.D. Pa. Sep. 17, 2008)

Opinion

Civil Action No. 08-516.

September 17, 2008

ORDER

ARTHUR SCHWAB, District Judge

AND NOW, this 17^th day of September, 2008, after the Plaintiff, Donald J. Kester, filed an action in the above-captioned case, and after a Report and Recommendation was filed by the United States Magistrate Judge giving the plaintiff until September 12, 2008 to file written objections thereto, and no objections having been filed to the report and recommendation, 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 in the above-captioned case [Dkt. 3] is dismissed for failure to prosecute.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(1) of the Federal Rules of Appellate Procedure, if the parties desire to appeal from this Order they must do so within thirty (30) days by filing a notice of appeal as provided in Rule 3, Fed.R.App.P.