Opinion
Case No. 3:05-cv-297.
January 25, 2006
ORDER ADOPTING REPORT AND RECOMMENDATIONS IN PART
The Court has reviewed the Report and Recommendations of United States Magistrate Judge Michael R. Merz (Doc. #22), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed to that portion of the Report recommending dismissal of the deceased Defendant Thomas Griffith and that the time for filing such objections under Fed.R.Civ.P. 72(b) expired on January 24, 2006, hereby ADOPTS that portion of said Report and Recommendations.
It is therefore ORDERED that all claims made herein against Thomas Griffith be dismissed for failure to substitute his estate as required under Fed.R.Civ.P. 25.