Opinion
Case No. CIV-06-0871-F.
December 9, 2010
ORDER
Plaintiff, a state prisoner appearing through counsel, brings this action pursuant to 42 U.S.C. § 1983, alleging a violation of his constitutional rights.
Magistrate Judge Doyle W. Argo has issued a Report and Recommendation (doc. no. 134), recommending that the joint motion for summary judgment of defendants Beasley and Dishman (doc. no. 129) be denied as moot following the filing of a stipulation of dismissal with respect to the claims against those defendants.
The Report advised the parties of their right to file an objection by December 6, 2010, and further advised that failure to make timely objection waives their right to appellate review of factual and legal questions addressed in the report. No objection has been filed, and no extension of time within which to object has been sought.
Having conducted its own review, and with there being no objection, the court finds that it agrees with the report. It further finds that no purpose would be served by any further analysis here.
Accordingly, the Report and Recommendation of Magistrate Judge Argo is ACCEPTED, ADOPTED and AFFIRMED in its entirety. The motion for summary judgment of defendants Beasley and Dishman is DENIED as MOOT.
This order does not dispose of all issues referred to the Magistrate Judge. This action remains referred.
Dated this 9th day of December, 2010.