Opinion
No. 4:08CV166-A-S.
October 13, 2009
ORDER ADOPTING REPORT AND RECOMMENDATIONS
On consideration of the file and record of this action, a hearing having been conducted by the magistrate judge pursuant to Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), the Court finds that the Report and Recommendations of the United States Magistrate Judge dated September 15, 2009, was on that date duly served by regular mail upon the pro se plaintiff; that more than ten days have elapsed since service of said Report and Recommendations; and that no objection thereto has been filed or served by any party. The Court is of the opinion that the magistrate judge's Report and Recommendations should be approved and adopted as the opinion of the Court. It is, therefore
ORDERED:
1. That the Report and Recommendations of the United States Magistrate Judge dated September 15, 2009, are hereby approved and adopted as the opinion of the Court.
2. That the plaintiff's complaint is hereby dismissed with prejudice for failure to state a claim.