Opinion
No. 3:07-MJ-107, No: 3:07-CR-98.
October 16, 2007
ORDER
On September 14, 2007, the Honorable C. Clifford Shirley, United States Magistrate Judge, filed an eight-page Report and Recommendation ("R R") [Doc. 27] in which he recommended that defendant's motion to dismiss [Doc. 13] be denied. Alternatively, Judge Shirley recommended that should the court order dismissal, such dismissal should be without prejudice. No objections have been filed by the parties. After a careful review of this matter, the court is in complete agreement with the magistrate judge's recommendation that defendant's motion to dismiss be denied. The court therefore ACCEPTS IN WHOLE the report and recommendation under 28 U.S.C. § 636(b)(1). It is ORDERED, for the reasons stated in the R R, which the court adopts and incorporates into its ruling, that the defendant's motion to dismiss is DENIED.