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

FRANK JAMES CAPOZZI, SR., : Civil No. 3:17-cv-2413 : Plaintiff, : : v. : : CATERING BY MARLINS, INC., et : al., : : Defendant. : Judge Sylvia H. Rambo

O R D E R AND NOW, this 23rd day of November, 2021, upon consideration of Chief Magistrate Judge Mehalchick’s Report and Recommendation (Doc. 56), wherein she recommends that the court dismiss the captioned action for failure to prosecute pursuant to Federal Rule of Civil Procedure 41, and further upon noting that no objections to the Report and Recommendation have been filed, and the court having satisfied itself that there is no clear error on the face of the record, see FED. R. CIV. P. 72(b), advisory committee notes; see also Univac Dental Co. v. Dentsply Intern., Inc.,

(M.D. Pa. 2010) (citation omitted), it is HEREBY ORDERED as follows: 1) The Report and Recommendation (Doc. 56) is ADOPTED; 2) This action is DISMISSED WITH PREJUDICE; 3) The Clerk of Court is directed to CLOSE this case; and 4) Any appeal taken from this order is deemed frivolous and not in good faith.

s/Sylvia H. Rambo Sylvia H. Rambo United States District Judge