Opinion
CIV 11-0923 JCH/KBM
12-01-2011
JOHN LUCZKOVICH, Plaintiff, v. WALMART ASSOCIATES, Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S PROPOSED FINDINGS AND
DISMISSING ACTION WITHOUT PREJUDICE
The Magistrate Judge filed her proposed findings on October 26, 2011, and recommended that Plaintiff 's motion to proceed IFP be denied and his Complaint dismissed without prejudice under § 1915(e)(2)(B)(ii). See Doc. 7 at 6. The proposed findings notify Petitioner of his ability to file objections and that failure to do so waives appellate review. See id. at 1, n.1 The time to file objections expired on November 14, 2011. To-date, Petitioner has not filed any objections and there is nothing in the record indicating that the proposed findings were not delivered.
Wherefore,
IT IS HEREBY ORDERED AS FOLLOWS:
1. The Magistrate Judge's Proposed Findings and Recommended Disposition (Doc. # 7) is ADOPTED; and
2. This action is dismissed WITHOUT PREJUDICE pursuant to § 1915(e)(2)(B)(ii), Lister v. Dep't of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005), and Trujillo v. Williams, 465 F.3d 1210, 1217 (10th Cir. 2006) .
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UNITED STATES DISTRICT JUDGE