Opinion
No. 5:09-CV-180-F.
June 11, 2009
ORDER
This matter is before the court for consideration of the Magistrate Judge's May 6, 2009, Memorandum and Recommendation (M R) [DE-5]. The plaintiff, Robert Gene Bailey filed a timely "Objection" [DE-6] thereto.
Rule 72(b), FED R CIV. P. provides in pertinent part that "a party may serve and file specific, written objections to the proposed findings and recommendations" contained in an M R. Thereafter, the district judge "shall make a de novo determination . . . of any portion of the [M R] to which specific written objection has been made." Objections must be filed within ten days of service of the M R. See Rule 72(b), FED. R. CIV. P.
The court has conducted a careful independent review of the record in this matter and concurs with the Magistrate Judge's analysis contained in his M R. The court, therefore, has reached the de novo determination that the M R is correct and in accordance with the law.
Accordingly, the court ADOPTS the Magistrate Judge's M R, and hereby ORDERS that this action is DISMISSED as FRIVOLOUS for the reasons cogently stated in the M R. The Clerk of Court is DIRECTED to close this case.
SO ORDERED.