ORDER

JAMES BEATY JR., District Judge

On June 19, 2008, in accordance with 28 U.S.C. § 636(b), the Recommendation of the United States Magistrate Judge was filed and notice was served on the parties in this action and a copy was given to the court.

Within the time limitation set forth in the statute, Plaintiff objected to the Recommendation.

The court has appropriately reviewed the portions of the Magistrate Judge's report to which objection was made and has made a de novo determination which is in accord with the Magistrate Judge's report. The court therefore adopts the Magistrate Judge's recommendation.

IT IS THEREFORE ORDERED that Defendant C. Y. Singletary's motion to dismiss (Docket No. 55) be GRANTED and that Plaintiff's action be dismissed with prejudice. A judgment dismissing this action will be entered contemporaneously with this Order.