Opinion
NO. 2:07CV221-SA-EMB.
May 20, 2008
ORDER ADOPTING REPORT AND RECOMMENDATION
On consideration of the file and record of this action, the Court finds that the Report and Recommendation of the United States Magistrate Judge dated April 17, 2008, was on that date duly served by regular mail upon the pro se plaintiff and electronically upon counsel for defendants. The court received an objection (through the plaintiff's mother) that the plaintiff has been relocated from Hawaii to Arizona, but is seeking a Mississippi attorney to represent him in this matter.
The Court is of the opinion that the magistrate judge's Report and Recommendation should be approved and adopted as the opinion of the Court. It is, therefore
ORDERED:
1. That the Report and Recommendation of the United States Magistrate Judge dated April 17, 2008, is hereby approved and adopted as the opinion of the Court.
2. That the Complaint herein is DISMISSED without prejudice to Plaintiff's right to refile this action within ninety (90) days after his release from incarceration outside the state of Mississippi.
3. That any applicable statute of limitations is hereby TOLLED for ninety (90) days after Plaintiff's release from incarceration outside the state of Mississippi.